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2025 DAILYLAW 14300 (AP)

KONDROTHU THATARAO v. THE STATE OF ANDHRA RPADESH

CRLP/3755/2025 · 2025-04-21

T Mallikarjuna Rao

body2025

Judgment text

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/,+ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARA r| MONDAY, THE TWENTY FIRST DAY OF APRIL, TWO THOUSAND AND TWENTY FIVE :PRESENT: HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO `_ `.t CRIMINAL PETITION NO: 3755 OF 2025 7Eg;#hog £_i,. •'',i.i ,¢ 3 _:, ,-~ ==€ -,.) Between'. Kondrothu Thatarao, S/o. Ramu Naidu, aged about 32 years, R/o. vemagottipalem Village, Anandapuram Mandal, Visakhapatnam District, A.P. ...petitioner/Accused No.3 AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh. ...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 enlarge the Petitioner/Accused No.3 on bail pending disposal of crime No.19/2025 of Anandapuram P.S., Visakhapatnam District. counsel forthe petitioner : sri GollapaIIi Maheswara Rao counsel for the Respondent : Assistant Public Prosecutor. The Court made the following ORDER.- APHCO10175652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3755/2025 Bet:wee n : Kondrothu Thatarao AND The State Of Andhra Rpadesh Counsel for the petitioner/accused: 1. GOLLAPALLI MAHESWARA RAO [3369] ...PETITIONER/ACCUSED ...RESPONDENT/COMPLAINANT Counsel for the Respondent/complainant 1.PUBLIC PROSECUTOR The Court made the following: ORDER: This Criminal Petition under Sections 480 and 483 of B.N.S.S., has been filed by the petitioner/A3, seeking regular bail in Cr.No.19/2025 of Anandapuram Police Station, Visakhapatnam Commissionerate. 2. The above said crime was registered against the petitioner and others for the offence punishable u/sees.318(4), 3O8(5), 354,111(1), 351(3), 61(2) r/w 3(5) of B.N.S. 3. Case of the prosecution, in brief, is that, prior to 17.01.2025, the defacto complainant made a complaint that in the months of November `ffffEZSZEa ` (\ I/ and December, 2025, A3 along with other accused motivated the complainant and others to perform certain rituals and made belive them with false promises to claim gold filled containers and demanded th'lrty 'akhs of rupees and the accused collected twenty seven lakhS from the complainant and others and thereby cheated the defacto complainant and others. During the course of investigation, POliCe arrested the Petitioner On 19.01.2025 and got remanded him tO judicial Custody. 4. Learned counsel for the pet-ltiOnerS contended that the Petitioner has been in judicial custody from 19.01.2025 and most of the investigation iS completed and after expiry of statutory period, pol'lce have not filed charge sheet, as such the petitioner is entitled for statutory bail. 5. On the other hand, learned Assistant Public Prosecutor also confirms non-filing of charge sheet by the pol-lee even after statutory period is completed, but opposed to grant bail. He further submitteC! that two antecedents are reported against the petitioner. 6. Heard both sides. 7. Given that the petitioner has been in remand Since 19.01.2025, this court views that most of the investigation concerning the role of the petitioner in the commission of the alleged offence has likely been concluded. lt has been submitted that the petitioner is a permanent resident of Anandapuram Mandal and there is nO Credible apprehension Of his fleeing away from justice. Addit'lonally, since most Of the Witnesses are E= I .5E J, official, the release of the petitioner would not impede the investigation or tamPer With the evidence and also after completion of statutory period, police have not filed charge sheet and also they have not filed any petition for extension of time for investigation. 8. In view of the aforesaid facts and circumstances of the case, this Court is inclined to grant bail to the petitioner/A3 with the following conditions. (i) The petitl'oner/A3 herel'n shall be released on his executI'ng a Personal bond for Rs.50,000/- (Rupees fifty thousand only) with two sureties for a like sum each to the satisfaction of the learned District and Sessions Judge, Visakhapatnam,I (ii) On release, the petitioner shall appear before the station House Officer concerned on every sunday between 10.00 a.m. and 12.00 noon for a period of three (o3) months. (iii) the petitioner shall not tamper with the evidence and hamper the investigation and shall cooperate for investigation. 9. Accordingly, the Criminal Petition is allowed. I Sd/-G. HELA NAIDU ASSISTANT REGISTRAR /ITRUE `COPY// zJi /'y'L fy a-stu_y; For ASSISTANT REGISTRAR To, 1. The Registrar (Judicial), High Court of Andhra Pradesh, Amaravati 2. The District and Sessions Judge, Visakhapatnam. 3. The Station House Officer, Anandapuram Police Station, Visakhapatnam Commisionerate. 4. The SuperI'ntendent, Central Prison, Visakhapatnam, Visakhapatnam District. 5. One CC to Srl' Gollapalli Maheswara Rao, Advocate [OPUC] 6. Two cos to Public Prosecutor (AP) High Court ofAndhra Pradesh [OUT] 7. Onespare copy CVSS r| HIGH COURT TMR,J DATED..21 /04/2025 BAIL ORDER CRLP.No.3755 of 2025 ALLOWED r -_.\``` ='.-=ixp3