SRI BIRUDALA ESWAR REDDY v. THE STATE OF ANDHRA PRADESH
CRLP/4796/2025 · 2025-06-30
K Sreenivasa Reddy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 16874 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16874 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
.,,,> -iE_+ B= lN THE HIGH COURT OF ANDHRA PRADESH AT AMARA TUESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE :PRESENT: t:i, r !I.,`I ife THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 4796 OF 2025 Betwee n : sri Birudala Eswar Reddy, s/o rami Teddy aged about 35 years, d.n6.8- 47/1, Priyadarshinj colony, mallamgunta village village tiriupati rural manda[, tirpati district Petitioner/Accused AND The State of Andhra Pradesh, reptd by its Public Prosecutor, A.P.High Court, Amaravathy (SHO Tirupati Rural PS Tirupati town & District) Respondent/Complainant Respondent/Complainant Petition under Sections 480 & 483 of BNSS (Old Sections 437 & 439 of Cr.P.C), praying that in the circumstances stated in the affidavit filed in support of the Criminal Petit-Ion, the High Court may be pleased. to grant regular bail/to enlarge the petitioner/Accused on bail, herein due to arrest of the accused by the Tirupati rural police in Crime no.32/2025 dt. 25-1-2025, registered for offences punishable under Section's 65(1),115(2) 127(2) 351(2) BNS 5(1 ) 5(n) r/w 6 POCSO Act 2012. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri S S BHATT, Advocate for the Petitioner and of PUBLIC PROSECUTOR for the Respondent and the Court made the following;
APHCO10226912025 =F::I:fT .-a'.~ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) TUESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE [3327] PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY £RIMINAL PETITION NO: 4796/202§ Between :
1.SRI BIRUDALA ESWAR REDDY, S/O RAMI REDDY AGED ABOUT 35 YEARS, D.NO.8-47/1, PRIYADARSHINI COLONY MALLAMGUNTA -VILLAGE VILLAGE TIRIUPATI RURAL MANDAL TIRPATI DISTRICT PETITIONER/ACCUSED ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, reptd by its public Prosectuor, A.P.High Court, amaravathy (SHO Tirupati Rural PS Tirupati town and District) Respondent/Complainant ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court Counsel for the Petitioner/accused:
1.S S BHATT Counsel for the Respondent/complainant:
1.PUBLIC PROSECUTOR The Court made the following: ORDER: This Criminal Petition, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the (;.---` `--, ..`_I
2 petitioner/accused, seeking bail, in Crime No.32 of 2025 of Tirupati Rural Police Station, Tirupati. 2.
2. A case has been registered against the petitioner for the offences under Sections 65(1),115(2),127(2), 351(2) B.N.S and Section 5(1), 5(n) read with 6 of the POCSO Act, 2012. 3. Case of the prosecution, in brief, is that, on 12.01.2025 thel accused, who is step father of the victim child, in the absence of inmates, forcibly dragged the vI'Ctim Child into bed room, and by raising T.V.volume, committed rape on her twice and threatened her to kill if she reveals the same to anybody. After the arrival of her mother, the victim informed the same to her. Basing on the report lodged by the informant, dated 25.01.2025, the case was registered and investigated into. During the course of investigation, police arrested the petitioner on 28.01.2025 and since then he is in judicial remand. 4. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor. Perused the record. 5. Learned Assistant Public Prosecutor submitted that major portion of investigation was completed except filing of charge sheet. 6. A perusal of the record goes to show that the report was lodged 13 days after the alleg,ed offence. The petitioner was arrested on 28.01.2025 and since then he has been in judicial custody. On the other czz=z_ \y
3 hand, learned Assl'stant,public Prosecutor submits that investigation was completed except filI'ng Of Charge Sheet. 7. In view of the same, this court is inclined to grant bail to the petI'tiOner herein, on the following conditions. (i) The petitioner/accused herein shall be released on his executing a personal bond for Rs.25,000/- (Rup6es twenty five thousand only) with two sureties for a like sum each to the satisfaction of the learned Ill AdditI-Onal Junior Civil Judge, Tirupati; (ii) On release, the petitioner shall appear before the station House Officer concerned once in a week i.e. on every sunday '`between 10.00 a.m. and o5.00 p.m., till filing of charge sheet. The Petitioner Shall cooperate for investigation and the petitioner shall not threaten the victim or attempt to tamper the evidence. 8. Accordingly, the Criml-naI Petition is allowed. SD/- N.NAGAMMA //TRUE COPY// .ASSISTANT EGISTRAR jj Toll The HIAddltIOnalJunlorCIV"udge, TIruPatl
2. The Special Judge for Trial of offences under the pocso ACT.I.- CHITTOOR
3. The SuperI-ntendent, Sub Jail, SrikalahastI-
4. The Station House Officer, Tirupati Rural Police. 5. One CC to SRl. S S BHATT Advocate [opuc]
6. Two cos to Public Prosecutor, High Court ofAP [OUT]
7.
One spare copy KJ
\ E] HIGH COURT SRK,J DATED:01/07/2025 BAIL ORDER CRLP.No.4796 of 2025 ALLOWED q` . =%===\¥s.*L*tX%.Th f* iRE # o4^