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2025 DAILYLAW 13758 (AP)

CHITTI RAJESH v. THE STATE OF ANDHRA PRADESH

CRLP/3579/2025 · 2025-04-21

T Mallikarjuna Rao

body2025

Judgment text

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lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, TH-ETWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE I MALLIKARJUNA RA CRIMINAL PETITION NO: 3579 OF 2025 Between : 1. Chitti Rajesh, S/o Chengaiah, aged abo'ut 35 years, R/o chittivandlapa[li, Chinnagottigallu, Mandal, Tirupathi District. 2. Chitti Venkatarajamma, W/o Krishnaiah, aged about 60 years, R/o chittivandlapa[]i, Chinnagottigallu, MandaI, Tirupathi District. 3. Chitti Geetha @ NeIIutia Geetha, W/o Damuruka, Aged about 33 years, R/o Chittivandlapalli, Chinnagottigallu, Mandal, Tirupathi District. 4. C. Aruna, W/o C.Chengaiah, aged about 55 years, R/o Chittivandlapalli, chinnagottigallu, MandaI, Tirupathi District. 5. C. Nagaraja, S/o Karunakar aged about 52 years R/o Chittivandlapalli, Chinnagottigallu, Mandal7 Tirupathi District. Petitioner/Accused No. 4 to 8 AND The State Of Andhra Pradesh, Represented by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi, Through the SHO Bakarapet Police Station, Tirupathi Dis_trict. Respondent/Complainant Petition under Section 482 of BNSS., is filed praying that in the circumstances stated in the memorandum of grounds filed in support of the CriminalPetition, the High Court may be pleased to grant anticipatory bail to the petitioners/Accused No.4 to 8 in the event of arrest in Crime No. 20/2025 of of Bakarapet Police station, Tirupathi District The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri. VELAGANI NARASIMHULU Advocate for the Petitioners, and of Public Prosecutor for the Respondent; The Court made the following ORDER: APHCO10167302025 Ej:TE IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE ` PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3579/2025 Between : chitti Rajesh and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra ...RESPONDENT/COMPLAINANT Pradesh CoLInSe[ for the Petitioner/accused(S): 1.VELAGANI NARASIMHULU counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following: I The Criminal Petition, under Section 482 of the BNSS, is .filed on behalf of the petitioners/Accused Nos.4 to 8 to grant anticipator} bail I'n connection With Crime No.20 of 2025 of Bhakarapet Police Station, Tirupathi District. 2. A case has been registered against the petitioners herein and others for the offences punishable under Sections 189(2), 191(2),189(4), 351(3),118(1),115(2),109(1), 61(2) and 49 read with 190 of the BNS. 3. Case of the prosecution, in brief iS that, the®defacto complainant filed a report before the police stating that on 26.03.2025 at about 07.00 p.m., all the accused rushed to his .-_-1}=--.J=-.:,` a,., f-riT +. 2 Jr/ house with deadly weapons and abused him in filthy language. At that time, the defacto comPIainant had taken Video from his mobile phone of the said inc®ldent and A3 grabbed his cell phone and all the accused beat -the defaCto COmPlainant With a Stick On his head and tried to kill him. when, the brother-in-law of the defacto complainant tried to obstruct them, A4 beat him with a Stone on his forehead and caused bleeding injury and Al beat him with a stick on his body -and caused blunt injuries. Thereafter, Al and A4 beat the defacto comPlainant With a Stone above right eye brow and caused bleeding injures. On seeing the incident, the villagers rushed to the Spot and rescued the defacto complainant and others from the accused and shifted them to hospital, for treatment. 4. Heard. Pe`rused`the record. 5. Learned counsel for the Peti`tiOnerS Su,bmils that there iS a dispute between both the parties regarding pathway and there are no specif'lc accusations have made against the petitioners herein. 6. On the other hand, learned Assistant Public Prosecutor opposed to grant bail to the petitioners On the ground that the investigation is not completed. EE-EL 7. A perusal of material On record goes tO Show that at the time of incident,1St petitio'ner herein/A4 beat the injured with a stone on his forehead and caused bleeding injury and ,no spec'lfic accusat-Ion has been made against petitioner Nos.2 to 5/A5 to A8, except the general allegations. lnsofar as lst petitioner/A4 is concerned, specific allegation has been made against him. 8. After considering the entire material on record, th'ls Court finds that because of civil disputes between the parties, the possibility of implication of A5 to A8 in the present crime cannot be ruled out. 9. ln view of the aforesaid facts and Circumstances Of the case, this court views that specific allegations has been made against lst petitioner/A4. No specific accusations have been made against petitioner Nos.2 to 5/A5 to A8, except general allegations, this Court is inclined to consideIT request Of Petitioner Nos.2 {o 5/A5 to A8 only for grant of antiCiPatOry bail. 10. Considering the fact that specific accusations has been made against the lst petitioner/A4, this Court is not inclined to grant anticipatory bail to the lst petitioner/A4, therefore, the petition in respect of petitioner No.1/A4 is dismissed. ej;--I t` Qs 4 /~ ll. Accordingly, the petitioner Nos.2 to 5/A5 to A8 are directed .to Surrender before the Station House Officer, concerned, within a period of two (2) weeks from the date Of receipt of a copy of this order. on such surrender, the petitioner Nos.2 to 5/A5 to A8 are ordered to be enlarged on bail On their executing a personal bond for Rs.10,000/- (Rupees ten thousand only) each with two sureties for the like Sum each tO the satisfaction of the station House Officer, concerned. The petitioner Nos.2 to 5/A5 to A8 shall make themselves available for investigation as and when required and that they shall not cause any threat, inducement or promise to the prosecution witnesses. 12. Accordingly, the Criminal Petition is partly allovyed. consequently, miscellaneous applications Pending, if any, shall stand closed. - ..._..,..___._._~_.... _` --_A-.--. -.--_ .-----_-__ __----------_ sD/-G.l- AS SISl|ANT . `---. TRAR I ..` //TRUE COPY// SECTION To, 1. The Stat|[on House Officer, BakaraPet Police Station, Tirupathi Distr'lCt. 2. One CC to Sri. VELAGANI NARASIMHULU, Advocate [OPUC] 3. Two cos to the PUBLIC PROSECUTOR7 High Court of Andhra pr;desh [6uT] 4. One spare COPY 'JSS HIGH COURT TMR, J DATED : 21 /04/2025 BAIL ORDER CRLP.No.3579 of 2025 PARTLY ALLOWED 2_2 AIR 2l)25