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2025 DAILYLAW 16087 (AP)

Gunji Nagaraju v. The State of Andhra Pradesh

CRLP/4437/2025 · 2025-05-08

T Mallikarjuna Rao

body2025

Judgment text

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lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAIH|iffi;ffi% FRIDAY ,THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE I MALLIKARJUNA RAO CRIMINAL PETITION NO: 4437 OF 2025 Between : Gunji Nagaraju, S/o. Pedda Venkateswarlu Aged about 38 years, R/o. Jaladi village, yadlapadu Mandal, Chilakaluripet Rural Guntur district. Petitioner/Accused AND The State ofAndhra Pradesh, Rep by its Public Prosecutor, High Court of A.P., Amaravathi, Through Chilakaluripet Rural Police Station, Chi[aka[uripet. Respondent/Comp]ainant petition under sections 437 & 439 of Cr.P.C, (New Sections 480 & 483 of BNSS, 2023) praying that in the circumstances Stated 'ln the affidavit filed in support of the criminal petition, the High Court may be pleased tO enlarge the petitioner/Accused on bail in connection With PRO No. 5/2025 on the file of Additional Civil Judge (Junior Division), Chilakaluripet pending investigation, trail and enqLJiry in the interest Of juStiCe. couNSEL FOR THE PETITIONER : SRI. G V S MEHAR KUMAR couNSEL FOR THE RESPONDENT : PUBLIC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER [3369] PRESENT THE HONOURABLE SRI JUSTICE I MALLIKARJUNA RAO CRIMINAL PETITION NO: 4437/2025 Between: Gunji Nagaraju AND The State Of Andhra Pradesh Counsel for the Petitioner/accused: 1.GVS MEHARKUMAR ...PETITIONER/ACCUSED .I.RESPONDENT/COMPLAINANT Counsel for the Respondent/complainant 1.PUBLIC PROSECUTOR The Court made the following|. ORDER: This Criminal Petition, u/Sec.480 & 483 of the Bharatiya Nagarik suraksha sanhita, 2023, has been filed by the petitioner/accused, Seeking bail, in crime No.159/2024 of Chilakaluripet Rural, Palnadu District. 2. A case has been registered against the Petitioner for the Offence punishable u/See.109(1) of B.N.S. 3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor representing the respondent/State. 4. Case of the prosecution, in brief, iS that, defaCtO-COmPlainant gave report on ll-12-2024 at 12-30 pm, that his father/accused iS working aS r,-~..|zJJxpl t`-sit__j3 2 mason, he is habituated to alcohol, suspected fidelity of his mother/deceased, used to subject her to verbal abuse and threats, also used to threaten his mother that he wi'' kill her one day if she does not change her behavior. While so, on 10.12.2024 at about 8.30 pm, when himself and his younger brother along with their sister were outside their house, their father returned home in drunken condition, abused their mother. When their mother enquired about reason for his outburst, their father attacked their mother with a hammer, hit her on the head and face by abusing and insulting her, when they rushed inside the house to rescue their mother and informed their neighbors, neighbors shifted their mother to hospital. Basing on the report of defacto-complainant a case in crime No.159/2024 u/Sec.109 (1 ) BNS was registered against accused. During the course of investigation the petitioner was arrested on 12.12.2024 and got remanded him to judicial custody. 5. Heard. Perused the record. 6. Learned counsel for the petitioner submits that the petitioner has been in judicial custody from 12.12.2024 and investigation is completed in this case and police filed charge sheet before the concerned Court and prays to enlarge the petitioner on bail. 7. Learned Assistant Public Prosecutor submits that investigation in this Case Was completed and that the Petitioner has nO antecedents, but opposed to grant bail to the petitioner as severe accusation has been made against the petitioner. / kEL _ -as-_`-i. s-i __,.____m,_."+-£-i-=i`|iti~u-Jxou=`-==+a-`---ThiDF+'^ry-ul EIEZi J' I _ T=_ /- 3 8, Since the inVeSt'lgati-On iS completed and Charge Sheet iS filed, this court find4hat further detention Of the Petitioner iS nO longer required for the purposrfrfnvestigation. The petitioner has got Permanent abode, aS Such there is no possibility of h'ls fleeing away from the justice. considering the submissions made on behalf of the prosecution that the charge sheet was filed, this court is inclined to grant bail to the pet'ltjoner. 9| ln the result, the Criminal Petition is allowed With the fOllOW'lng conditions-. (i) The petitioner/accused herein Sha" be released On his execut'lng a personal bond for Rs.25,00O/-(Rupees twenty five thousand only) with two sureties for a like sum each to the satisfaction of the learned Additional Civil Judge (Jun-lor Division), Chilakaluripet-, (ii) on release, the petitioner shall appear before the station House Officer concerned Once in a Week in between lO.00 a.m. and o1.00 p.m., till he receive Summons from the Sess'lOnS \ Court.I (iii) the petitioner shall not tamper wllth the evidence and hamper the investigation and shall cooperate for 'l`T±::=:!±£::=o:±isatgfa__~_ SD/-N.NAGAMIVIA //TRUE COPY// .ASSISTANT GISTRAR SECTION OFFICER Toll. The AddltiOnal Civil Judge (Junior DlvlSIOn), ChilakalurlPet 2. The Superintendent, Sub JaH NaraSaraOPeta 3 The StatlOn House OfflCer, ChtlakalurlPet Rural PollCe StattOn, chilakaluripet. one cc to sF`l G V S MEHAR KUMAR Advocate LOPUC] Two CCs to PUBLIC PROSECUTOR, Hlgh Court Of A.P[OUT] one spare copy # '_`T a HIGH COURT TMR+.. DATED : 09/05/2025 ORDER CRLP.No.4437 of 2025 ALLOWED