O PAVAN KUMAR @ PAVAN v. THE STATE OF ANDHRA PRADESH
CRLP/4886/2025 · 2025-05-07
T Mallikarjuna Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17063 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17063 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE EIGHTH DAY OF MAY, TWO THOUSAND AND TWENTY FIVE :PRESENT:
THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 4886 OF 2025 Between:
1. O.Pavan Kumar @ Pavan, S/o O.Babu, aged about 30 years, R/o. Flat No. 18, K.R.Nagar, Opposite Royal Oaks Showroom, Mangalam road, Tirupati. Bogguru Madhu Sekhar, S/o Late B.Maddileti, aged about 34 years, R/o. Ammidiguntia village, Kodumuru Mandal, Kurnool District. Mallela Lakshminarayana, S/o Mallela Subramanyam, aged about 31 years, R/o. D.No.6-12-21/A4, K.B.Lay-out, Near Hosanna Church, Tirupati Town and Mandal, Tirupati District. Medi Rupesh Kalyan @ M.R.Rupesh Kalyan, S/o M.Ramesh Babu, aged about 30 years, R/o. H.No.1-3-335, A.P.P.Chavadi Street, Tirupati, Tirupati District. Shaik Vishweshwar, S/o. S.Khader Hussain, aged about 30 years, R/o. H.No.5-14-53-37, Reserved Colony, Tirupati.
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5. ...Petitioners/Accused No.1 to 5 (as Per remand report page no.16 AND The State of Andhra Pradesh, rep by its Public Prosecutor, High Court of Andhra Pradesh, at Amaravati.
...Respondent Petition under Section 480 & 483 of BNSS, 2023 is filed praying that in the circumstances stated in memorandum of grounds of Criminal Petition, the High Court may be pleased to release the petitioners/accused Nos.1 to 5 on bail pending investigation, inquiry and trial in Crime No. 130/2025 of East Police Station, Tirupati, Tirupati District; The petition coming on for hearing, upon perusing the Petition and memorandum of grounds of criminal petition and upon hearing the
arguments of Sri D.Purnachandra Reddy, Advocate for the Petitioners and Public Prosecutor for the Respondent;
ORDER: This Criminal Petition, u/Sec.480 & 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioners/AI to A5, seeking bail, in Crime No.130/2025 of Tirupati East Police Station, Tirupati District. A case has been registered against the petitioner and another for the
2. offence punishable u/Sec.109(1) r/w 3(5) of B.N.S.
3. Heard learned counsel for the petitioners and the learned Assistant Public Prosecutor representing the respondent/State.
4. Case of the prosecution, in brief, is that, on 04.4.2025 at about 11.15 pm, in front of Hotel Deccan Suites, near Bharathi Bus Stand on Chinthalachenu road, Tirupati, all the accused persons picked up quarrel with the defacto complainant Kalikiri Naveen Kumar Reddy due to business rivalry. In the said process, all the accused persons alleged to be guilty of
2 V attacking them with knife and broken beer bottles, thereby causing bleeding injuries to them; Having escaped in the said attempt of murder, the defacto complainant and other injured persons got admitted in two hospitals at Tirupati. Basing on the statement of defacto complainant recorded in the hospital, the present crime has been registered and during the course of investigation, police arrested the petitioners on 07.4.2025. Heard. Perused the record.
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Learned counsel for the petitioners contend that the petitioners have been in judicial custody from 07.4.2025. Based on the incidents held on the same contentions, two crimes have been registered against the petitioners and the defacto complainant and prays to enlarge the petitioners on bail. Learned Assistant Public Prosecutor opposes to grant bail on the ground that investigation is not completed and some more witnesses are to be examined and have to record their statements. severe
5. 7. 8. According to the case of the prosecution, it seems that the defacto complainant and accused are having hotels against each other and it that parking disputes enshrine between them. seems It is submitted that the petitioners have been in judicial custody from 07.4.2025 and most of the investigation might have been completed and the injured discharged from hospital. Learned Assistant Public Prosecutor has not disputed the said fact with regard to the discharge of the injured from the hospital. The petitioners have permanent abode, as such there is no possibility of their fleeing from the jurisdiction of the Court. It seems that omnibus allegations have away
3 been made against all the petitioners though the reading of the contents of the report indicate that one person had made the attack. When ascertained, learned Assistant Public Prosecutor submitted that no antecedents registered against the petitioners. In view of the same, this Court is inclined were to allow the criminal petition. 10. In the result, the Criminal Petition is allowed with the following conditions: (i) The petitioners/AI to A5 herein shall be released on their executing a personal bond for Rs.25,000/- (Rupees twenty five thousand only) each with two sureties for a like sum each to the satisfaction of the learned II Additional Judicial Magistrate of First Class, Tirupati; (ii) On release, the petitioners shall appear before the Station House Officer concerned as and when their presence is required; (iii) the petitioners shall not tamper with the evidence and hamper the investigation and shall cooperate for investigation. SD/- K.SRINIVASA RAJU ASSISTANT iTRAR //TRUE COPY// SECTION OFRCER Fo To,
1. The II Additional Judicial Magistrate ^
2. The Superintendent, Special Sub Jail
3. The Station House Officer, East Police Station District. of First Class, Tirupati. J. Tirupati. Tirupati, Tirupati
4. One CC to Sri. D.Purnachandra Reddy, Advocate [OPUC]
5. Two CCs to Public Prosecutor, High Court of AP [OUT]
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One spare copy
f HIGH COURT TMR,J DATED:08/05/2025
ORDER CRLP.No.4886 of 2025 ALLOWED O ■p o Q9 MKf o rrt X ^^SPATC>^ >1 ■ .