Kothapalli Victor Babu Vs the State of Andhra Pradesh

Petition under Sections 482 of BNSS (old 438 of Cr.-P.C), praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to grant anticipatory bail in the event of petitioner being arrested in connection with Crime No: 364 of 2024 on the file of the I Town Police Station, Bhimavaram with or without sureties.

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The petition coming on for hearing, upon perusing the petition and the grounds filed in support thereof and upon hearing the arguments of sri BILAAL AHMED SYED, Advocate for the Petitioners and of PUBLIC PROSECUTOR for the Respondent and the Court made the following; I

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THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 335 of 2025

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ORDER:

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The Criminal Petition, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is filed on behalf of the petitioners/Al to A4 to grant anticipatory bail jn connection with Crime No.364/2024 of Bhimavaram I Town Police Station.

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A case has been registered against the petitioners and others for the offences punishable under Sections 109(1 ) read with 3(5) BNS.

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Case of the prosecution in brief is that the informant ch.Maheswar gave a statement to police on 30.12.2024 at 10.30 pm wherein he stated that on 30.12.2024 at about 8.00 pm while he was present at the house of seshadri charan prabhu, said prabhu received a phone call from Surendra about a dispute with Kovvada Sai at Sonovision, When he was going to Ganapavaram on his motorcycle, the informant along with Charan and Sasi rushed to the place of occurrence on a motorcycle. Meantime Al to A3 and others came out from a dark place along with knives and rods and Al intentionally attacked on Charan with a knife and caused bleeding injury on his left arm and right side of stomach. Then Charan fell down on the road. When the informant tried to lift him, A2 beat hl-m with rod on his head and caused bleeding injury. Then the informant along with Charan escaped from there and came to

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BhI'mavaram I Town poll-ce station and gave statement to poll.Ce. Bast.ng

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on the same, poll'ce regI'Stered the saI-d Crime.

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Heard. perusedtherecord.

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Learned Assistant pubII'C Prosecutor submits that I'nVeStigatiOn I'S at fag end and some more wI'tneSSeS are to be examl'ned.

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A perusal of the material aval-lable on record goes to show that, subsequent to fill'ng of the report by the defacto complajnant herein, he filed notarized affldavl't statl'ng that there I-s no complaI'nt filed by hI-m and as such no jnc,'dent as alleged in crl-me no.364/2024, has taken place. In pursuance to the affidavit filed by the defacto complal'nant, poll-ce

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have got recorded the statement of the complainant under sectI-On 183 of B.N.S.S, I'n WhI-Ch the defacto complal'nant has given a go-bye to the affidavit and the contents of the report Ion CrI'me No.364/2024 and gave a different versl'on to the present facts and circumstances of the case.

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7, Learned counsel for the petI-tjOner subm[.ts that in his statement under sectl'on 183 B.N.S.S., the defacto complaI-nant has stated about the place of incident, weapons used and his approach to the police whl'ch is totally a different version compared to the contents that are mentioned l'n the F.I.R. Under the Right to Information Act, a certI'fiCate

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from the Area Hospital, Bhimavaram was obtained, wherein they

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categorically stated that the defacto complal'nant was not treated jn the said hospital between 27.12.2024 to 10.01.2025.

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As there I-S an ambl'guity with regard to the genesis of the attack

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on the defacto complainant by the petitl-oners herel-n and the apprehension of the defacto complainant I-n gI'Vl|ng a complal'nt and thereafter gjvI'ng a go-bye to the complaint filed by him shows any amount of doubt whether the incI-dent is said to have taken place or not. In view of the facts and cI|rCumstances of the case, this court I'S inclined to consider the prayer of the petI'tiOners for grant of antI-CjPatOry baI-I.

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:I_1.I. Accordingly, jn the event of thel'r arrest wI'th regard to this crime,__ ---I petitioners/Al to A4 sha" be released on bail on theI'r executing a personal bond for a sum of Rs.10,000/-(Rupees ten thousand only) each, with two sureties for the like sum each to the satisfaction of the arrestI'ng POIice offlcjals and also on conditI-On that the petitioners sha" make themselves available for investl-gation as and when requ,-red and that they sha" not cause any threat, I-nducement or promise to the Prosecution Witnesses.

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The petjtjoners shall appear before the station House offI.Cer concerned, once jn a week i.e. on every sunday between 10.00 a.m. and 05.00 p.m., tl'Il fill-ng Of the charge-sheet. 10. Accordingly, the criminal Petition js allowed.

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A s ss'SES:TV:,rvGo7N#:S;ATE#:AU:

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//TRUE COPYl

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rut r|__

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To I ,, 1. The S.H.O., I Town Police Station, Bhimavaram 2. One CC to SRl. BILML AHMED SYED Advocate [OPUC] 3. Two cos to Public Prosecutor, High Court of AP [OUT] 4. One spare copy

Kj

HIGH COURT

SRK,J

DATED..10/02/2025

BAIL ORDER

CRLP.No.335 of 2025