KATTA KISHORE Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) DR. Y. LAKSHMANA RAO, J 1.The Criminal Petition has been filed under Sec. 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity 'the BNSS') by the Petitioner/Accused No.5 for granting of pre-arrest bail in connection with Crime No.24 of 2026 of Vontimitta Police Station, Y.S.R.Kadapa District, registered for the alleged offence punishable under Ss. 109 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity 'the BNS') and Sec. 3(1)(r)(s) and 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity 'the SCs and STs (POA) Act.,').

(2.) The prosecution case is that on 18/4/2026 at about 10:00 p.m., near Haritha Hotel, Vontimitta, the accused persons, belonging to upper caste, lured the victim Harshavardhan @ Nani, to the hotel on the pretext of work and thereafter wrongfully confined him near the SC Hostel, tied his eyes, abused him by his caste name, and brutally assaulted him with cricket bats with intent to kill, causing severe bleeding and blunt injuries. The motive was previous enmity and caste hatred arising out of his intervention in a quarrel earlier. The victim was shifted to hospital in grievously injured condition.

(3.) Sri K.Pridhvi Raju, learned Counsel for the Petitioner submits that the entire case registered in Cr.No.24/2026 of Vontimitta Police Station is a false and motivated implication arising out of village rivalries and caste polarization, and that no specific overt act has been attributed to the Petitioner, who is a 20-year-old student pursuing II Year B.E. in Electronics and Communication Engineering at SIMATS Engineering College, Chennai, with no criminal antecedents and bright academic prospects. It is urged that the Petitioner was not present at the scene of occurrence on 18/4/2026, his name has been mechanically included in the FIR without credible evidence, and the medical record itself shows only simple injuries of swelling and tenderness without any fracture or grievous hurt. Learned Counsel would further submit that custodial interrogation is wholly unnecessary, that the Petitioner is ready and willing to cooperate with the investigation, and that his arrest would irreparably prejudice his academic career. It is further submitted that three co-accused have already been arrested, that the Petitioner is not a flight risk, has no local influence to tamper with evidence or intimidate witnesses, and is prepared to abide by any stringent conditions including reporting to the police station and surrendering his passport. The continuation of threat of arrest amounts to harassment and mental torture, and the invocation of provisions of 'the SCs & STs (POA) Act.,' against the Petitioner is an over-implication without proper application of mind. The Petitioner undertakes to abide by any conditions that this Court may impose while granting bail. Hence, it is urged to allow the Criminal Petition.