Dadam Babu Reddy, S/O. Dadam Thimma Reddy vs State Of Andhra Pradesh

Dr. Venkata Jyothirmai Pratapa, J

The instant petition under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed seeking to grant anticipatory bail to the Petitioner / Accused No.2, in connection with Crime No.20 of 2026 on the file of B.Kothakota Urban Police Station, Annamayya, which was registered for the offences under Sections 103(1) and 115(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023.

The case of the prosecution, in brief, is that, in view of the disputes between the family of the Accused and the De facto complainant with regard to the way to reach the sheep, on 21.02.2026 at about 7.30 a.m., when the De facto complainant and his family members questioned the Accused, Accused No.1 picked up a stick, abused the father of the De facto complainant, beat him on the back side of his head, Accused No.2 also picked up a stick and beat the father of the De facto complainant. The deceased was shifted to the hospital and while undergoing treatment, he died on 26.02.2026.

Heard Sri Gundala Siva Prasad Reddy, learned counsel for the Petitioner and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor for State/Respondent.

Learned counsel for the Petitioner would submit that the Petitioner is innocent and does not have any criminal intention. Learned counsel would further submit that the Petitioner is an Engineering Student and has to appear B.Tech III Year second semester examinations and if he is arrested, his future will be spoiled. It is further submitted that there are civil disputes between the families of the Petitioner and the De facto complainant and that a counter case has also been registered against the De facto complainant and his family members in Crime No.23 of 2026. Learned counsel would submit that the remaining Accused in the present crime were released on regular bail. Hence, prayed to grant anticipatory bail to the Petitioner.

Learned Assistant Public Prosecutor opposed the petition and would submit that there are specific overt acts attributed against the Petitioner. It is further submitted that the Petitioner was present at the relevant time and place and beat the deceased with a stick on his head. It is submitted that in view of the seriousness of the alleged offences, anticipatory bail cannot be granted to the Petitioner at this stage. Hence, prayed for dismissal of the petition.

Considering the submissions made on either side and upon perusal of the material available on record, this Court finds that specific overt acts have been attributed to the Petitioner / Accused No.2 in the commission of the alleged offences. As pointed out by the learned Assistant Public Prosecutor, the allegation against the Petitioner is that he was present at the scene of occurrence and is said to have assaulted the deceased with a stick on the head. Having regard to the nature and gravity of the accusations, this Court is not inclined to grant anticipatory bail to the Petitioner at this stage.

At the same time, this Court takes into consideration the submission of the Petitioner that he is an Engineering student and is required to appear for his B.Tech III Year II Semester examinations, and that his academic future may be adversely affected if he is taken into custody immediately, while declining to grant anticipatory bail, inclined to dispose of the petition with some directions.

Accordingly, the Criminal Petition is disposed of. The respondent police are directed not to take any coercive steps against the Petitioner till the completion of his ongoing B.Tech III Year II Semester examinations. The Petitioner shall cooperate with the investigation and make himself available for interrogation as and when required by the Investigating Officer. It is made clear that this Court has not expressed any opinion on the merits of the case.

As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.