1. The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the petitioners/Accused Nos.10, 13 and 14 for granting of pre-arrest bail in connection with Crime No.222 of 2025 of Bhuchireddypalem Police Station, SPSR Nellore District, registered for the alleged offences punishable under Sections 191(2), 191(3) and 109(1) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’).

2. The learned counsel for the petitioners submits that the names of the petitioners/Accused Nos.10, 13, and 14 were not there originally when the de-facto complainant, who is the brother of L.W.4/victim, had given the report to the police. There are omnibus allegations levelled against the petitioners, and it is urged to grant pre-arrest bail to the petitioners.

3. Heard the learned Counsel for the Petitioners and the learned Assistant Public Prosecutor.

4. As seen from the record, the de-facto complainant, who is the brother of L.W.4, submitted a written report to the police against the accused in this case on the information given by L.W.5, who happened to be an eye-witness to the alleged incident. The de-facto complainant suffered grievous injuries and remained in a state of unconsciousness for a period of three days. Later, his statement was recorded by the police. He was examined as L.W.4.

5. In his statement, he stated that all the accused, except petitioner No.3/Accused No.14, beat him with hands, legs, and sticks. Insofar as the allegations against petitioner Nos.1 and 2/Accused Nos.10 and 13 are concerned, L.W.4 stated that petitioner Nos.1 and 2/Accused Nos.10 and 13 also beat him with hands and legs. However, L.W.4 did not allege anything against petitioner No.3/Accused No.14 specifically to the effect that he also beat him either with sticks or with hands and legs, except stating that petitioner No.3/Accused No.14 stated that L.W.4 be killed.

6. Considering the gravity and nature of the allegations levelled against Petitioner No.3/Accused no.14, this court is inclined to grant pre-arrest bail to the petitioner No.3/Accused No.14 with the following stringent conditions:

                  i. In the event of his arrest, the petitioner No.3/Accused No.14 shall be enlarged on bail subject to him executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for the like sum each to the satisfaction of the arresting police officials.

                  ii. The petitioner No.3/Accused No.14 shall appear before the Station House Officer concerned once in a week i.e., on every Saturday between 10.00 a.m. and 5.00 p.m., till filing of the charge sheet.

                  iii. The petitioner No.3/Accused No.14 shall cooperate with the Investigation Officer and shall make himself available for investigation as and when required.

                  iv. The petitioner No.3/Accused No.14 shall not cause any threat, inducement or promise to the prosecution witnesses.

                  v. The petitioner No.3/Accused No.14 shall not commit or indulge in similar offences in future.

                  vi. The petitioner No.3/Accused No.14 shall not leave the State of Andhra Pradesh limits without the express permission from the Station House Officer concerned.

                  vii. The Petitioner No.3/Accused No.14 shall surrender his passport, if any, to the investigating officer. If he claim that he do not have passport, he shall submit an affidavit to that effect to the Investigating Officer.

7. Insofar as petitioner Nos.1 and 2/Accused Nos.10 and 13 are concerned, as there are specific allegations against Accused Nos.10 and 13, this Court is not inclined to grant pre-arrest bail to them. Hence, the petition insofar as it relates to petitioner Nos.1 and 2/Accused Nos.10 and 13 is dismissed.

8. However, as per the request of the learned counsel for the petitioners, liberty is granted to the petitioner Nos.1 and 2/Accused Nos.10 and 13 to surrender before the learned jurisdictional Court concerned within one (01) week from the date of receipt of the copy of this order and to move an appropriate application before the learned jurisdictional Court concerned. The learned jurisdictional Court concerned shall endeavour to dispose of the said application, in accordance with law, on its own merits, after giving due opportunity of hearing to the learned counsel for the petitioners and the learned Public Prosecutor concerned, and shall pass appropriate orders within a period of two (02) weeks.

9. In the result, the Criminal Petition is partly allowed.