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2025 DAILYLAW 17489 (AP)

DHANEKULA TARUN KUMAR v. THE STATE OF ANDHRA PRADESH

CRLP/4993/2025 · 2025-06-05

Kiranmayee Mandava

body2025

Judgment text

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ail-<`-`` lN THE HIGH COURT OF ANDHRA PRADESH AT AMAR FRIDAY, THE SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA`ng'~"T`-:cop;;--Ii CRIMINAL PETITION NO: 4993 OF 2025 Between: 1. Dhanekula Tarun Kumar, BS/o. Chalarao, Male, Aged about 32 years, Occ. Farmer, R/o. D.No.1-26, Swamavarigudem village, JeeiugumilI:i MandaI, Euru District. 2. Dhanekula CheIIa Rao, S/o. Venkatrao, Male, Aged about 59 years, occ. Farmer, R/o. D.No. 1-26, Swamavarl'gudem vI-llage, Jee'ugumillI' Mandal, Eum Djstric{. 3. Dhanekula Srinivasarao, s/o.venkatrao, Male, Occ. Farmer, R/o. swamavarI'gudem Village, JeelugumI-lli MandaI, Eum Dl-strict ...Petitioners/Accused Nos.3, 4 & 5 AND State of Andhra Pradesh, Rep. by l'ts public prosecutor, HI-gh Court of Andhra Pradesh at Ainaravati. '~- .I.Respondent Petition under Section 482~-of BNSS praying that in the circumstances stated in the memorandum of`grounds filed in support of the crimI|nal Petition,l{ the High Court may be pleased to grant Anticipatory Bail to the PetI'tiOnerS/accused No.3 to 5'`by directing the police to release him on bail in' the event of his arrest in connection with crime No.30 of 2025 of Jeelugumi'Ii Police Station, EIuru District I-n the interests of justice. ' The PetitI'On coming on for hearing, upon perusing the petitI'On and the`± memorandum of g'rounds file-d`rl-n support thereof and upon' hearing the arguments of SRI PATHURI SR]NIVAS, Advocate for the petitioners, and off PUBLIC PROSECUTOR, I-or the Respondent, the court made the following zf; [3458] RIMINAL PETITION NO: 4993/2025 Between : Dhanekula Tarun Kumar and Others AND The State Of Andhra Pradesh counsel for the petitioner/accused(S): ...PETITIONER/ACCUSED(S) ...RESPONDENT/COMPLAINANT 1. PATH`URI SRINIVAS counsel for the Respondent/COmPIainant: 1.PUBLIC PROSECUTOR The Court made the following ORDER:- The Present application iS filed for grant Of antiC-lPatOry bail tO the petitioners/A3 to A5 in Crime No.30 of 2025 on the file of Jeelugumilli Police station, Eluru District, registered for the OffenCeS under Sect'IOnS 109(1), 329(3), 351 (2) r/w 3(5) of BNS. I 2. Th'e case Of the Prosecution iS thatthe defaCtO COmPIainant gave a complaint against the Accused Stating that they have disputes With Accused No.1 for the last five years. On 13,03®2025, while the complainant was at work in his agricultural fields, the Accused flo.1 w'lth other acCuS.ed armed With deadly weapons attacked the defaCtO COmPlainant and tried tO knock away the agricultural produce lying in the fields when resisted by the defacto complainant , they have hit the defacto complainant with weapon resulting in I grievous I-njurI-eS. Thus crime was registered in cr. No.30. of 2025 on the file of Jeelugumilli Police Station and petitioners herein are arrayed as Accused Nos.3 to 5. 3. It is contended by the petitioners that the petI-tiOnerS have also sLIStained deep head injuries in the hands of the defacto complainant, though a complaint was lodged, no action has been taken against the defacto complainant. lt is contended that on account of political disputes in the village, the petitioners are falsely implicated and the defacto complajnant has also bore grudge against the petitioners since they have taken, on lease the I tobacco barns, whICh Were earlier owned by the defacto complainantJs family members, which have been subsequently transferred in favour of Accused No.10, from whom the petI-tiOnerS are taken on lease the said barns. 4. It is argued that the Accused No.2 & 6 have approached this court for quash of the crime registered against them. This Court v,-de order dated 30.04.2025 in CrI.P. No.4579 of 2025 disposed of the criminal petition directing the investigating officer to complete the investigation without taking any coercive steps against the petitioners, And the Accused Nos.7''to 10 have also approached this court, this court v,'de order in crI.P. No.4534 of 2020 I directed the investigating officer not to take any coercive steps against Accused Nos.7 to 10. Thus prays for grant of anticipatory bail. /I:¢ u=_-- . -- -I _i:-------.-_-_- 5. Th'is Court while passing orders in CrI.P. No.4579 of 2025, referred to the submissions of the learned Public Prosecutor, who on verification has stated that the injuries sustained by the defac{o cc;mplainant are simple injuries. Taking the same into consideration, the investigation officer was directed to complete the investigation without taking any coercive measures against the petitioners the'rein (Accused Nos.2 & 6). 6. ln another application filed by'Accused Nos.7 to 10 for grant of anticipatory bail, this Court directed the investigating officer not to arrest the Accused till 22.05.2025. lt is further contended that the Accused No.1 has also been enlarged' by the learned IX Additional District & Sessions Judge, v,-de order dated 27.05.2025, taking into consideration the wound certificate issued by the medical officer, who opined that all the inJ'urieS Sustained by the complainant are simple in nature and the learned Sessions Judge further taken into consideration the examination of L.W.s-1 to 12 and preparation of scene observation report. 7. Perused the record. From the-record, it is observedlthat except filing of the charge sheet, examination of material witnesses was completed and this Court has earlier directed the police to complete the enquiry without I taking coerciv: steps against the Accused Nos.2, 6 and 7 {o 10 and Accused No.1 has also been enlarged on bail. 8. ln view.of the above, this Court deems it appropriate to grant anticipatory bail on following conditions: +j~/ iji. lV. 9. •To, 1. 2. 3. ~ 4. 5. •PSR !n the event of the petjtionerJs arrest, petitioners shall be released on ba" on executing a personal bond for a sum of Rs.20,000'/- (Rupees twenty tllOuSand only), with two suretI-eS for the Ilk; sum to 'the satisfaction of the stall-on House officer, Jeelugumjl'i police station, Eluru District. The petitI'Oners shall make themselves available for I-nVeStiga{jon as and when requI-red. The petitioners shall not cause any threat, I-nduCement or promI-Se tO the Prosecution WI-tneSSeS. The petI'tjOners shall appear before the station House officer concerned once in every fortnI-ght Saturday between 10.00 a.m. and 05.00 p.m., till fi!jng of the charge sheet. I wII{h the above djrectjons, the criminal pet]-t[-on is allowed. ' 3'€' Se!/-{l`¥. Hr=LIA REA!iBU ASSES-FANT R g`G~i~ S 'T g€ jE+.,LF@| //TRUE COPY// Fol sEgr,T!ON GtF'r=!CJF_R TKTh:e:vsu:rad{::I:o:aolusD:s:r:c,{ce&"seeeslsulgouniII:luPdo:I::e::aSttlo:,oEdlauVraur:I:::l{cr:ct at / one cc to sRl. PATHURI SRINIVAS Advocate [opuc] Two cos to PUBLIC PROSECUTOR, High court of Andhra pradesh [OUT] One spare copy p~.. a\ HIGH COURT KM,J DATED : 06/06/2025 ANTICIPATORY BAIL ORDER CRLP.No.4993 of 2025 ALLOWED [_+i,x£r,-fu.i . . _ , /I/