CRLP/2517/2026 of SIMBOTULA ATCHIRAJU Vs The State of Andhra Pradesh on 5 April 2026

ORDER

upon hearing the arguments of Sri PUBLIC PROSECUTOR for the

THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 2517 OF 2026

ORDER:-

The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita,

(for brevity ‘the BNSS’) by the Petitioner/Accused No.3 for granting of pre-arrest bail in connection with Crime No.53 of 2026 of Gokavaram Police Station, East Godavari District, registered for the alleged offence punishable under Section 316(5) of BNS.

2. Heard Mr.Gulipalli Suraj, learned Counsel for the Petitioner and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor.

3. The case of the prosecution, in brief, is that on 26.03.2026 at about 9.00 a.m., while the complainant, along with her mother (the injured), was entering the HP Petrol Bunk on the outskirts of Kothapalli Village, accused No.1 came from behind in his auto bearing No.AP-05-TN-0610 and hit their scooty bearing NO.AP-40-BJ-4166. Thereupon, the complainant controlled the scooty, and her mother got down from it. Despite this, accused No.1 did not stop his auto and again hit her mother, dragging her for some distance, and uttered “Today you have been caught, you have made our lives miserable with your grievance complainants regarding ‘Stree Nidhi’ loans against my wife. We have been suffering for months. I will not rest until I kill you.” He then fetched an axe from his auto and hacked the complainant’s mother on her head and waist, shouting, “Today you will die in my hands,” with the intention to kill her, in view of the grievance complaints raised by the injured against his wife. Meanwhile, the other accused threatened them with dire consequences. When the complainant tried to intervene, accused No.1 pushed her aside and fled the spot in his auto. As a result, the complainants mother (the injured) sustained grievous bleeding injuries on her head and waist. Learned counsel for the petitioner would submit that the petitioner is arrayed as Accused No.3 and that, as per the contents of the complaint, his presence at the scene of the alleged incident is not mentioned. It is alleged against the petitioner that, being a village elder, he participated in a panchayat and threatened the complainant to withdraw the complaint. The learned counsel would further submit that, if the petitioner is arrested, it may cause great hardship to his employment. He also submits that the petitioner is ready and willing to furnish sufficient sureties to the satisfaction of the learned Trial Court to secure his presence for the purpose of investigation.

4. The learned Assistant Public Prosecutor would submit that notice has been served on the complainant and that she has received instructions in the matter. She would further submit that the role attributed to the petitioner is that, being a village elder, he threatened the victim to withdraw the complaint, and that the investigation is at a nascent stage. She therefore vehemently opposes the grant of anticipatory bail to the petitioner.

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6. Considering the submissions made, upon perusal of the material on record, and taking into account the facts and circumstances of the case, it appears that the allegations against the petitioner are limited to threatening the complainant to withdraw the complaint against Accused No.2, who is the wife of Accused No.1, who allegedly attacked the complainant’s mother and caused grievous injuries. In that view of the matter, and having regard to the stage of the investigation, this Court is of the opinion that the apprehension of tampering with evidence or influencing witnesses does not arise. Accordingly, \ this Court is inclined to grant pre-arrest bail to the petitioner/Accused No.3. A

7. In the result, the Criminal Petition is allowed with the following conditions: In the event of arrest of the Petitioners/ Accused No.3, he shall be enlarged on bail subject to he executing bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties for the like sum each to the satisfaction of the arresting police officials; I. On release, the petitioner/accused No.3 shall appear before the Station House Officer, concerned, once in a week i.e., on every Sunday between 10.30 a.m. and 05.00 p.m., till filing of the charge sheet. The Petitioner/ Accused No.3 shall make himself available for investigation and shall cooperate with the investigating officer for further investigation; III.

The Petitioner/ Accused No.3 shall not inducement or promise to the prosecution witnesses; The Petitioner/ Accused No.3 shall not leave Andhra Pradesh State without the the concerned Court. IV. cause any threat V. the limits of express permission from vi. The Petitioner/ Accused No.3 shall surrender his any, to the concerned Magistrate Court. If he claims that he do not have passport, he shall submit an affidavit to that effect to the Court concerned. passport, if SD/- N.NAGAMMA ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To,

1. The Station House Officer, Gokavaram Police Station, East Godavari District.

2. One CC to SRI. GULIPALI SURAJ Advocate [OPUC]

3. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT]

4. One spare copy

HIGH COURT DR.VJP, J DATED:06/04/2026 BAIL CRLP.No.2517 Of 2026 ALLOWED