Extracted from the PDF above. The PDF is authoritative.
. '\\ `,\\.~ i+ / lN THE HIGH COURT 9F ANDHRA PRADESH AT AMARAVATl TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE :PRESENT.I THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA ./, CRIMINAL APPEAL NO: 141 OF 2025 Between : Jana Divya Sekhar, S/o. Satyanarayana, aged about 40 Years, Gowda by Caste, Pro. Sri Venkateswara Electrical, PIumbing and Hardware Shop, Main Road, Kolamuru, Rajamahendravaram Rural MandaI, East / GodavariDistrict. Appellant/AI AND
1. The State of Andhra Pradesh, rep., by its public Prosecutor, Hl'gh Court Buildings, Amaravathi. Respondent
2. Lakshmi Kantham mallimoggala, w/o Suresh, aged about 24 Years, kolamuru village, Rajamahendravaram rural mandal, Rajamahendravaram, East GodavarI-District Respondent/Defacto Complainant petition under section 14A of SC-ST (Prevention of Atrocities) Act, 1989 I/w 413 of BNSS., is filed praying that in the circumstances stated in the memorandum of grounds fl'Ied in support of the criminaIPetition, the High Court may be pleased to set aside the Impugned order passed in crl.M.P. No. 168 of 2025 on the file of Specl'al judge for Trial of Cases Under S.Cs & S.Ts (POA) Act- Gum- X Additional District Judge at Rajamahendravaram
order dated 22-02-2025 in Cr.No.503/2024 ,Rajanagaram police Station for the offences punishable under sections 118(1), 74, 351 (2), BNS 2023,3(1 )(r),
++\\++++++ +L+++++i+ 3(1)(s) SC/ST POA Act and.there by grant Regular Bail by Allowing the criminal Appeal ln the interest of the justice lANO: 2OF2025 Petition under Section 14A of SC-ST (Prevention of Atrocities) Act,1989 r/w 413 of BNSS., is filed praying that in the circumstances stated in the memorandum of grounds filed in support of the petition, the High Court may be pleased to suspend order dated 22-02-2025 in Crl.M.P. No.168 of 2025 on the file of Special judge for Trial of Cases Under S.Cs & S.Ts (POA) Act- Cum- X Additional District Judge at Rajamahendravaram in Cr.No.503/2024 ,Rajanagaram Police Station for the offences punishable under Sections 118(1), 74, 351 (2), BNS 2023,3(1)(r ), 3(1)(s) SC/ST POA Act, there by grant Interim Bail and release the petitioner on bail, pending disposal of the Criminal Appeal before this Hon'ble Court The Appeal coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the
arguments of Sri. KAKUMANU JOJI AMRUTHA RAJU Advocate for the Petitioner and of PUBLIC PROSECUTOR for the Respondent No.1 ; The Court made the following:
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA £BLMINAL APPEAL NO: 141/2025 Between: Jana Divya Sekhar AND The State Of Andhra Pradesh and others Counsel for the ApeIIant:
1. KAKUMANU JOJI AMRUTHA RAJU Counsel for the Respodent(s):
1.PUBLIC PROSECUTOR The Court made the following:
JUDGMENT ...APELLANT ...RESPODENT(S) The present criminal appeal has been filed by the Appellant/Accused No.1 seeking to set aside the order dated 22.02.2O25 passed in Crl.M.P.No.168 of 2025 in Crime No.503 of 2024 on the file of learned Special Judge for trial of offences under sos & sTs (PoA) Act-Gum-X Additional Distrl'ct Judge, Rajamahendravaram and to release him oh regular bail. \\
I/
2. The Appellant herein is Accused No.1 in Crime No.503 of 2024 of Rajanagaram Police Station. The offences alleged against the Appellant are under sections 118(1 ), 74, 351(2) of BNS and under Section 3(1 )(r)(s) of SCs and STs (PoA) Act, 1989. 3. Heard Sri Kakumanu Joji Amrutha Raju, learned counsel for the appellant and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 4, Learned counsel for the appe'lant would submit that the appellant has been in judicial custody for the last 60 days. The appellant is innocent. Because of the civil disputes between the parties, a false case has been lodged. The alleged injuries suffered by the victim are Simple in nature. By this time, the investigation might have been completed. The appellant is ready to furnish the sureties to the satisfaction of the Court. Learned counsel finally prays to allow the petition. 5. Learned Assistant Public Prosecutor would Submit that SO far aS the investigation shows ten witnesses are examined. The wound certificate of the victim shows the simple injuries. The investigation is pending for want of examination of some more witnesses. Learned Assistant Public Prosecutor prays for dismissal of the petition. c----S
I+ 6- Considering the submissions made and a fair look at the material placed on record, as crucial part of the investigation iS completed since L®Ws|3 to 9 are shown as eyewitnesses tO the OCCurrenCe, their Statements were recorded by the police. The wound Certificate Shows Simple injuries. The petitioner has been in judicial custody for the last 60 days. Considering all these things, the question of the petitioner interfering in the investigation does not arise. In that view, the learned trial Judge WOuld have COnSidered the case of the petitioner. That was not done. 7, ln that view, the Criminal Appeal is allowed, the impugned Order iS Set aside.
Bail is granted to the appellant on the following conditions; (i) The AppellanVAccused No.1 sha" execute a Personal bond for Rs.20,000/- (Rupees twenty thousand Only) With two Sureties for a like sum each to the satisfaction of the learned special Judge for trial Of Cases under sos & sTs (PoA) Act-cum-X Additional District Judge, Rajamahendravaram. (ii) The AppellanVAccused No.1 shall appear before the concerned station House Officer twice in a Week i.e. On every Monday and Thursday between 10-00 a.m. and 5-00 p.m., till filing Of Charge Sheet. (iii) The Appellant/Accused No.1 shall not hamper the investigation and tamper the prosecution witnesses. <-_=-.--- -a
Lriii= (iv) It is made clear that the Appellant shall scrupulously comply with the above conditions and breach of any of the above conditions will be viewed seriously and prosecution iS at liberty tO move an application for cancellation of the bail. pending miscellaneous applications, if any, Shall stand closed. sD/- P.VINOb KUMAR ASSISTANT /ITRUE COPY// L§lsTRAR SECTION OFFICER To,
1. The Special Court for Trial of Cases under SC & ST (Preventl'on of Atrocities) Act 1989 - cum - X Additional District Judge, Rajamahendravaram, East Godavarj District. 2. The Station House Ofrlcer, Rajanagaram Police Station, East Godavari DistrI®Ct. 3. Lakshmi Kantham maIIimoggala, w/o Suresh, aged about 24 Years, Kolamuru village, Rajamahendravaram rural mandaI , Rajamahendravaram, East Godavari District (by RPAD)
4. One CC to Sri. KAKUMANU JOJI AMRUTHA RAJU, Advocate [OPUC]
5. Two CCs to the PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT]
6. One spare copy JSS e- Q`>. //
\ HIGH COURT DR. VJP, J DATED: 25/03/2025 BAIL ORDER CRLA.No.141 of 2025 ALLOWED I a_-;_i t:i;,-.1_:#.!?+ +#f4 1 ` NI^R \ifel SseH¥