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2025 DAILYLAW 18563 (AP)

PUJARI HIRAN @ IRAN v. THE STATE OF ANDHRA PRADESH

CRLP/5388/2025 · 2025-06-24

T C D Sekhar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

€-.*=.\1^ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY ,THE TWENTY FIFTH DAY OF JUNEt TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE CRIMINAL PETITION NO: 5388 OF 2025 [3505] I.C.D.SEKHAng¥ Betwee n : Pujari Hiran @ Iran, S/o P. Muniraja, aged 19 years, Residing at D.No.1/298- 2, Manchineelagunta srl'kalahasti Town, Tirupati DistrI-Ct Pet]-tioner/Accused|4 AND State OfAndhra Pradesh, Rep. through its public Prosecutor, High Court of AP at Amaravati Respondent/Complainant Petl-lion under section 482 of BNSS (438 of Cr.P.C.,) praying that in the circumstances stated in the affidavit fI-led in support of the criminal petI'tiOn, the High Court may be pleased to grant antl®cipatory bail in the event of PetitI-Oner/Accused no.4 being arrested in connection with F.I.R No.185 of 2024, dt. 20.10.2024 on the file of srikalahasti I Town Police Station, Tirupati District COUNSEL FOR THE PETITIONER : SRI. PAWAN KUMAR MALAPATI COUNSEL FOR THE RESPONDENT : PUBLIC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER // The Court made the following ORDER: -`````L TCDS,J Crl.P.No.5388/2025 The present Criminal Petition has been filed under section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, bya the petitioner/Accused I,A .< fu8r.`4 for grantI-ng Of antiCI-PatOry bail in connection with crime No.185 of 2024 |' i` I on the fI'Ie of the Srikalahasthi I Town Poll-Ce Station, TI'ruPathi District, registered for the offences punishable under Sections 309 (6) read with 3 (5) of the BharatI'ya Nyaya Sanhita, 2023. 2. lt is the case of the prosecu{I-On thatOn 19.10.2024 at about 6:30 p.m., in front of Happy Kitchen, Srikalahasthi-Tirupathi road, whI|Ie the de facto complainant and his brother were travelling in auto bearing No.AP39-UB- 9303, four unknown persons came I'n two motorcycles,, Stopped the auto and abused the de facto complainant and his brother in filthy language as the auto was driven in rash and negligent manner. lt is the case of the prosecution that the de facto complainant and his brother were beaten indiscriminately and snatched away the mobile phones and cash of Rs.250/-. Initially, the instant crime was registered against unknown persons. subsequently, the petitioner was added as Accused No.4 jn the instant crime. on the statement made by the brother of de facto complainant. It is the further case of the petitioner that, the police conducted test identI-fiCatiOn Parade and statements were given by the de facto complainant and his brother stating that the petitioner did not involve in the present crime. cf Q`g Q`- -i i/ •\.i 3 TCDS,J Crl.P.No.5388/2025 \. 3. Heard learned counsel-for the petitioner and,learned Assistant Public Prosecutor. Perused the material on record. 4. Learned counsel for the petitioner would specifically contend that the brother of de facto complainant stated that one Mr.lraan involved -ln the crime. The police, instead of arresting the said Person, included the Petitioner in the instant crime as the name of the petitioner i.e., Pujari Hiran seems to be s'lmilar to that of lraan. He would further submit that the petitioner did not involve in the crime and he was falsely implicated in the present crime. 5. On the other hand, learned Assistant Public Prosecutor opposed the bail application on the ground that the petit'loner is involved 'ln criminal cases and he has got criminal antecedents. 6. Having considered the submissions made by both the learned COunSeI, this court is inclined to allow the present criminal petition with the following conditions: i) ln the event of arrest of the petitioner, the petitioner/Accused No.4 shall be enlarged on bail on executing a personal bond for a sum of Rs.1O,000/- (Rupees ten thousand only), with two sureties each for like Sum tO the satisfaction of the Inspector, Srikalahasthi I Town Police Station, Tirupathi District; ii) The petitioner/Accused No.4 shall make himself available for investigation as and when required; *-`- lE= `.S, <;i-I-- try li 4 TCDS,J Crl.P.No.5388/2025 iii) The petitioner/Accused- No.4 shall not cause any threat, induce or promise to the prosecution witnesses; 7, Accordingly, the Criminal Petition is allowed. //TRUE COPY// SD/-N. NAGAMMA ASSISTANT :-,E?_L::: STRAR For ASSISTANT REGISTRAR Tol 1. The Inspector, Srikalahasti I Town Police Station, Tirupati District 2. One CC to SRl. PAWAN KUMAR MALAPATI Advocate [OPUC] 3. Two CCs to PUBLIC PROSECUTOR, High Court ofA.P[OUT] 4. One spare copy Jr/ HIGH COURT TCDS,J DATED.. 25/06/2025 BAIL ORDER CRLP.No.5388 of 2025 ALLOWED