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2025 DAILYLAW 16449 (AP)

NILAM NARAYANAMURTHY v. THE STATE OF ANDHRA PRADESH

CRLP/4588/2025 · 2025-05-14

Y Lakshmana Rao

body2025

Judgment text

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[3521 ] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI •i sm V, ■y't: THURSDAY ,THE FIFTEENTH DAY OF MAY ^ TWO THOUSAND AND TWENTY FIVE . :PRESENT: HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 4588 OF 2025 -vV' ■ r t ■ti % --'tV 1 Between: 1. Nilam Narayanamurthy, S/o. Nilam Gopalam, Aged about 77 years, R/o. D. No. 1-12, RamalayamVeedhi, Duddepudi Village, Bhimadole Mandal West Godavari District, Andhra Pradesh-534401. 5 2. Neelam Gopalam, S/o. Neelam Narayana Murthy, Aged about 55 years R/o. D. No. 3-52, RamalayamVeedhi, Duddepudi Village, Bhimadole Mandal, West Godavari District, Andhra Pradesh~534401-r 3. JoginreddyPeddireju, S/o. Joginreddy Venkanna, Aged about 49 } years, R/o. Duddepudi Village, Bhimadole Mandal, West Godavari District ) Andhra Pradesh-534401. 4. Neelam Srinivas Rao, S/o. Neelam Ramakrishna, Aged about 53 years R/o. Duddepudi Village, Bhimadole Mandal, West Godavari District Andhra Pradesh-534401. ^ 5. Neelam Pfabhu, S/o. Neelam Srinivasarao, Aged about 28 years, R/o. Duddepudi Village, Bhimadole Mandal, West Godavari District, Andhra Pradesh-534401.^ j Petitioner/Accused 1 to 5 ^ AND The State Of Andhra Pradesh, rep by its Public^Prosecutor, High Court of A.P., Amaravati, Guntur District, Through SHO, Bhimadole Police Station, EluruDistrict, Andhra Pradesh. Respondent/Complainant Petition under Section 482 of BNSS (438 of Cr.P.C.,) is filed praying that in the circumstances stated in the affidavit filed in support of the CriminalPetition, the High Court may be pleased to direct the SHO of Bhimadole Police Station to release the petitioners on bail in the event of their arrest in Crime No.88/2025 at Bhimadole Police Station, Eluru District. They were alleged to have committed offenses punishable under Sections 115(2), 118(1), 351(2), r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 against the petitioners/accused and pass COUNSEL FOR THE PETITIONER : MS KOTA KRISHNA DEEPTHI COUNSEL FOR THE RESPONDENT : PUBLIC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER APHC010217122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ah:. [3521] 0 THURSDAY ,THE FIFTEENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 4588/2025 Between: Nilam Narayanamurthy and Others ...PETmONER/ACCUSED(S) AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. KOTA KRISHNA DEEPTHI Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following ORDER: The Criminal Petition has been filed under Sections 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS), seeking to enlarge the petitioners/Accused Nos.1 to 5 on bail in the event of their arrest in Crime No.88 of 2025 of Bhimadole Police Station, Eluru District registered for the offences punishable under Sections 115(2), 118(1) 351(2) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNSS’). 2 The case of the prosecution, in brief, is that on 26.03.2025, the 2 petitioners/Accused Nos. 1 to 5 had an altercation with the de facto complainant regarding a house site boundary, assaulted him with a stick and their hands, and also threatened to kill him. Hence, the de facto complainant lodged a complaint. Heard learned counsel for the petitioners and the learned 3. Assistant Public Prosecutor. Perused the record. Ms. Kota Krishna Deepthi, learned counsel for the petitioners 4. submits that the petitioners are innocent and they are not present in the scene of offence; the complaint lodged against the petitioners/ Accused Nos.1 to 5 is false and vindictive. The petitioners would abide by any conditions to be imposed by this Court. Hence, urged to allow the petition. Per contra, Mr.Neelothpal Ganji, the learned Assistant Public 5. Prosecutor, opposed in granting of bail stating that pursuant to receipt of the wound certificate which certified that the de facto complainant sustained grievous injuries the Section of law was altered from simple hurt to grievous hurt. As seen from the record, the allegationlthat the petitioner, who is aged about 77 years beat with stick on the left hand of the de facto ir complainantds baseless. In view of the nature of the allegation, gravity of the 6. case and the injuries sustained by the victims, this Court is inclined to consider the request of the petitioners for grant of anticipatory bail. 3 7 Accordingly, this criminal petition is allowed with the following directions: a) In the event of arrest of the petitioners, the petitioners shall be enlarged on bail on executing a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties for a like sum each to the satisfaction of the arresting police officials; b) The petitioners shall make themselves available for investigation as and when required; c) The petitioners shall not cause any threat, inducement or promise to the prosecution witnesses; d) The petitioners shall appear before the Station House Officer concerned once in a week i.e., on every Saturday between 10.00 a.m. and 05.00 p.m., till filing of the charge sheet. e) The petitioners shall not leave the District limits without the express permission from the Station House Officer concerned. . / SDI- M.PRABHAKARA RAO ASSISTANTikEGlSTRAR //TRUE COPY// F S ION OFFICER // To, II 1. The Station House officer, Bhimadole Police Station, EluruDistrict Andhra Pradesh. 2. One CC to MS KOTA KRISHNA DEEPTHI Advocate [OPUC] 3. Two CCs to PUBLIC PROSECUTOR, High Court of A.PfOUT] 4. One spare copy ^ HIGH COURT DR.YLR.J DATED: 15/05/2025 BAIL ORDER CRLP.No.4588 of 2025 ALLOWED muin -4 ^ % O o MM 'KfieSPATC!!# 16 mj X II Co. ★