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2025 DAILYLAW 11327 (AP)

Dasari Tejaswi, v. The State of Andhra Pradesh

CRLP/2802/2025 · 2025-04-01

T Mallikarjuna Rao

body2025

Judgment text

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IN THE HIGH COuRT OF ANDHRA PRADESH AT AMAR || TUESDAY, THE FIRST DAY OF APRIL, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO-;:r_# I.S.'J CRIMINAL PETITION Nos. 2802 and 3122 OF 2025 CRIMINAL PETITION NO: 2802 OF 2025 Betwee n : 1. Dasari Tejaswi, S/o Sanyasi Age 27 years, R/o Danaboyinapalem, Aganamupudi Village Gajuwaka, Visakhapatnam 2. Tadikonda SaiKUmar @ Bittu, S/o Eeswara Rao Age 21 years, R/o Mangalapalem, Duwuda, Visakhapatnam ...Petitioners/Accused No.2 & 3 AND The State of Andhra Pradesh, through Station House officer, Kovvur Police Station, Rep. by Public Prosecutor, High Court at Amaravati. ...Respondent Petition under Section 480 & 483 of BNSS (Old Sections 437 & 439 of Cr.P.C), prayl'ng that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to release the Petitioner/Accused No.2 &3 on bail in connection with crime No. 36 of 2025, Kovvur Town -Police Station. CRIMINAL PETITION NO: 3122 OF 2025 Betwee n : 1. Pallapu Daniel, S/o P.Ilayya, Age 20 years, R/o Adavi quarry, Kondapalli, now residing at Near APHP Company, Vijayawada T +++ry +++ _/+ I. `/ 2-. Gedela Rajesh, S/o Ramana, Age 26 years, R/o Saluru Village Jr, Vizianagaram District 3. Kandukuri Sathi Babu, S/o Sankara Age 32 years, R/o D.No.27-5-76/1, Sundarayya Colony Gajuwaka Mandal, Visakhapatnam District ...Petitioners/Accused No.4 to 6 AND The State of Andhra Pradesh, through Station House officer, Kovvur Police Station, Rep. by Public Prosecutor, High Court at Amaravati. ...Respondent Petition under Section 480 & 483 of BNSS (Old Sections 437 & 439 of Cr.P.C), praying that in the circumstances stated in the memorandum of grounds filed in support of the criminal petition, the High Court may be pleased to release the Petitioner/A 4 to 6 on bail in connection with Crime No. 36 of 2025, Kovvur Town Police Station. Counsel forthe Petitioners : SrI' Ramineni Sudheer (in both the Petitions) Counsel for the Respondent : Assistant Public Prosecutor. (in both the Petitions) The Court made the following COMMON ORDER: I/ lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (spec-lal original Jur'lsdict-Ion) Dasari Tejaswi, and Others [3369] TUESDAY ,THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE I MALLIKARJUNA RAO QBrmN A±±±I!I±Q±!±!Q±L2j§g2±2Q2± E:t_Y_?eTn^::^^w,: and A+hare ...PETIT[ONEFVACCUSED(S) AND The State Of Andhra Pradesh ..lRESPONDENT/COMPLAINANT counsel for the petit'loner/accused(S): 1.RAMINENI SUDHEER counsel for the Respondent/COmPlainant-. 1.PUBLIC PROSECUTOR CRIMINAL PETITION NO.. 3122/2025 Between: pallapu Daniel, and Others AND ...pETIT'ONER/ACCUSED(S) The State Of Andhra Pradesh I.|RESPONDENT/COMPLAINANT counsel for the petit|IOner/accused(S): 1.RAMINEN' SUDHEER counsel for the Respondent/COmPlainant|. 1. PUBLIC PROSECUTOR The Court made the fOllOWing|. quMON ORE2EB± criminal petition no.2802 of 2025 and Criminal Petition No.3122 of 2025 u/See.480 and 483 of B.N.S,S, have been filed by the Petitioners/A2 & A3, petitioners/A4 to A6 respeCt'lVely seeking regular ba" in cr.No.36/2025 of Kovvur Town Police Stat'lon, East Godavari District. 2. As both the Criminal Petitions are filed in the Same Crime and learned counsel appearing on both the cr|lm'Inal Pet'ltiOnS are One and the same, both the petitions are being disposed of with a common order. a -€> i=E= 3. The above saI-a Crime was registered against the petitioners for the offence punI'Shable u/See.121(1 ),109(1 ) r/w 3(5) of B.N.S. 4. Thecase of the prosecution isasfollows: On 14.02.2025 at 8.00 p.m., the complainant/police constable reported that he has been attending duties at RS-12 Mobile, NH 16, near Gaman lndl-a Toll plaza, Kovvur Town. The complainant received information about a snatching incident at yerravaram village by culprits who came in a Mahindra scorpio, and that said vehicle was proceeding towards the vijayawada side. upon receiving this l'nformation, as per the instructions of hI-S Superior officers, the complaI'nant, along with HG 509/M.Laxmanarao were conducting vehicle checking at Gaman India Toll Plaza, Kovvur Town. They found seven persons l'n the Mahindra scorpio vehicle baring No.AP-40-AH-3920, which was proceeding towards the vijayawada side. on suspicion, the complal|nant and another officer tried to stop the said vehjc[e, but the accused attempted to kill the complainant by hitting him wI'th their vehicle and escaped. As a result, the complainant fe" on the road and sustained injuries to hI'S body. 5. Learned counsel for the petitioners contended that the petitioners have been in J-udiCial Custody from 16.0212025 and it is further brought to the notice to thI-S Court by the petitioners counsel that Al and A7 in this case have been released on bail by orders of this court and placed copy of the order. The prime accusation has been made against A7 who was -|ofb-- a-_____ii- r,;? driving the vehicle at the ti'me of incident and prays to enlarge the petitioners on bail. 6, On the Other hand, learned Assistant Public Prosecutor COnfirmS non-filing of charge sheet by the police and opposed for grant of ba" to the petitioners. But fairly COnceded that Al and A7 in this Crime Were enlarged on bail by this court. 7. HeardbOthSideS. 8. Perusedthe ent'lre material On record. 9. lt iS the Case Of the Prosecution that the incident took Place While A7 was driving the Veh'ICle and the Other accused Person Were traVell'lng in the car, when the police constable/complainant stopped the vehicle, an altercation took place during which the police constable fell down. The allegations against A7 is that he tried tO move the Steer'lng towards the complainant when the vehicle was going on, thereby accident occurred. lt is evident that no specif-IC accusations have been made aga-lnSt these petitioners with regard to the'lr role -ln the comm®lss'lon of the offence. The petitioners are in judic|lal custody from 16.02.2025 and they had permanent abode. As most Of the investigation might have been completed and the petitioners had permanent abode and there is no possibil'lty of the'lr fleeing away from justice, as such, this court is inclined to grant ba'll to the petitioners. E=_L ---=--.-si=so .;` t``} 10. 'n the result, bothr'the criminal petitI|OnS are allowed with the following conditI-OnS.I i. The petitioners/A2 and A3 jn CrI.P.No.2802 of 2025 and the petitioners/A4 to A6 in CrI.P.No.3122 of 2025 hereI-n Sha" be released on bail on their executing a personal bond for Rs.20,000/- (Rupees twenty thousand only) each with two (o2) sureties for a like sum each to the satisfaction of the learned " AddI-tiOnal First Class Magistrate, Kowur,- I-i) After release, the petitioners sha" attend before the station House officer concerned once in a fortnight i.e. on every 2nd and 4th sunday between 10.00am to o1.00pm for a period of two (o2) months,- and iii) that the petitioners are directed not to hamper the jnvestigatI'On and tamper with the prosecution wl'tnesses and sha" cooperate for investigation. sd/- K.TATA RAO Z To, //TRUE COPY// For. DEPUTY RE lSTRAR sE'CTION OFFICER ___ I |\Art 1. The " AddjtI-OnaI Civil Judge (Junior Division) Gum- " Additional First Class Magistrate, Kowur. 2. The Superintendent, central prI-son, Rajamahendravaram, East Godavari Dl'strict. 3. The StatI'On House officer, Kovvur police Station, East Godavari District. 4. One CC to Sri Ramineni sudheer, Advocate [opuc] 5. Two CCs to publl'c Prosecutor (AP) High Court ofAndhra Pradesh [OUT] 6. One spare copy CVSS ___ 3 c--------I- I-,-* J/ HIGH COURT TMR,J DATED : 01 /04/2025 BAIL ORDER CRIMINAL PETITION Nos. 2802 and 3122 OF 2025 ALLOWED . . ... .-I+,/-;::.