Bella Srinivasa Rao @ Srinu @ Yamudu, v. The State, SHO
CRLP/4666/2025 · 2025-05-06
T Mallikarjuna Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 16464 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16464 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO
CRIMINAL PETITION NOS: 4666 and 4667 of 2025
COMMON ORDER:
These Criminal Petition Nos.4666 and 4667 of 2025 under Sections 480 and 483 of B.N.S.S., have been filed by the petitioners/A4 and A2 respectively, seeking regular bail in Cr.No.60/2025 of Kuchipudi Police Station, Krishna District. 2. The above said crime was registered against the petitioners/A4 and A2 and others for the offence punishable u/Secs.103(1), 238, 115(1), 61(2) r/w 3(5) of BNS. 3. Case of the prosecution, in brief, is that, the deceased Rajulapati Rajesh is son of defacto complainant and used to raise quarrels. In view of Sivaratri festival and altercation took place between the deceased and the petitioner. In continuation of the same on 28.02.2025, the deceased attacked one Jogi Sivannarayana @ Siva/A3 with a beer bottle and thereby a case was lodged against the deceased by one Jogi Srimannarayana @ Siva/A3. Hence, the petitioner along with A1, A3 and A4 hatched up a plan to eliminate the deceased and thereby got called him through his mother i.e. the defacto complainant. On 04.03.2025, the
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deceased along with one Veeranki Bharat went to the house of one Tata Harikrishna i.e., A1 at about 9.45 p.m. The accused attacked and beat him indiscriminately with an iron rod and wooden stick. The said Bharat immediately informed the same to the defacto complainant and then said complainant went to the house of A1 and requested him to release her son, for which there was no use. The said Bharat had witnessed the incident while the accused persons were carrying the deceased Rajesh in dickey of A1’s car. Before that defacto complainant went to the house of A1 to search her son, for which A1 grew wild and made the defacto complainant to feel down. Later at about 6.30 a.m., of 05.03.2025 one Matta Ajay Babu informed the defacto complainant and her persons that he found the dead body of the deceased in the drainage canal. 4. Learned counsel for the petitioners/A4 and A2 submits that the Special Judge for Trial of Cases Under SCs & STs (POA), Act, 1989- cum-X Additional District Judge Krishna, Machilipatnam was pleased to grant bail to A1 as per the Orders passed in Crl.M.P.No.48 of 2025 in Crime No.60 of 2025, dated 09.04.2025.
The Order shows that the learned Sessions Judge was pleased to grant bail to A1 by recording the reasons that total 14 witnesses were examined and almost all the material witnesses are examined, autopsy certificate also received and only because the RFSL report is awaited. The case of the present petitioners/A4 & A2 also stands on the same footing to that of A1, who
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was already released on bail. Learned counsel further submits that the petitioners/A4 and A2 are in judicial custody since 08.03.2025. 5. The learned Assistant Public Prosecutor, while opposing the prayer of the petitioners/A4 and A2, submits that the investigation is not complete. Upon inquiry, the learned Assistant Public Prosecutor confirmed that the petitioners have no criminal antecedents. 6. Heard both sides. 7. Considering the remand period of the petitioners/A4 and A2, this Court is of the opinion that further detention of the petitioners/A4 and A2 is no longer required, and almost investigation is complete and this Court has perused the orders passed by the Sessions Court below in Crl.M.P.No.48 of 2025, dated 09.04.2025 finds that the facts pertaining to the petitioners/A4 and A2, are similar to that of A1, who was granted bail. Hence, this Court is inclined to grant bail to the petitioners/A4 & A2, on the same terms and conditions: (i) The petitioners/A4 and A2 herein shall be released on their executing a personal bond for Rs.15,000/- (Rupees fifteen thousand only) each with two sureties for a like sum each to the satisfaction of the learned Judicial First Class Magistrate, Movva;
(ii) On release, the petitioners/A4 and A2 shall not try to tamper the evidence and to influence any person
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acquainted with the facts of the case. They shall attend before the Station House Officer, Kuchipudi Police Station on every Saturday between 3.00 p.m., to 6.00 p.m. for a period of two months or until filing of charge sheet, whichever is earlier. 8. Accordingly, the Criminal Petition is allowed.
__________________________________ JUSTICE T.MALLIKARJUNA RAO 07.05.2025 S D P
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THE HON’BLE SRI JUSTICE T.MALLIKARJUNA RAO
CRIMINAL PETITION Nos.4666 & 4667 of 2025 Dated:07.05.2025
S D P