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High Court of Andhra Pradesh · body

2025 DAILYLAW 18610 (AP)

Ramireddy Pratap Kumar Reddy, v. The State of Andhra Pradesh,

CRLP/5336/2025 · 2025-05-28

Harinath N

body2025

Judgment text

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_ __ `. . . . `JrlJL,L`,I I A I /\IVl/\r{/\ THURSDAY ,THE TWENTY NINETH DAY OF MAY T\^/A T| I,-I J|-I _ -_ lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THI IDen^`, Tl lr-_, . ,I_. .___ _ TWO THOUSAND AND TWENTY FIVE _ __ _ . . _,, ` I `,I lVln :PRESENT.- THE HONOURABLE SRI JUSTICE HARINATH.iv ^IIIIJ'lLl -I I--____ _ _ _ _ --, .I \|J |Jr| I CRIMINAL PETITION NO.I 5336 OF 2025 Between : Ramireddy pratap Kumar Reddy, s/o. subba Rami Reddy, Occ- Ex.MLA, Nellore Distrl'ct. R/o. H.NO.ll-31-82A, Pulla Reddy Nagar Kava" To Petitioner/Ace used AND The State of Andhra pradesh, Rep by its., pub[jc prosecutor, through the station House officer, Kavali " Town p.s., spsR NeIIore District., HI-gh Court ofAP, Nelapadu, AmaravatI'. 9 Respondents petitI'On under Section 482 of BNSS, 2023(Sectl'on 438 of Cr.P.C), I'S filed prayl'ng that I-n the circumstances stated jn the memorandum of grounds filed I-n support of the criminal petition, the High Court may be pleased to enlarge the petI-tiOner/Accused No.8 on ball I-n the event of his arrest by the Respondent Kava" " Town p.s., spsR NeIIore District ,'n crime No.75/2020, dated ll.04.2020 . IA NO:1 petition under sectI'On 528 of BNSS, 2023(Sectl-on 482 of Cr.P.C), praying that in the circumstances stated in the memorandum of grounds filed in support of the crI'minal Petition, the High court may be pleased to grant interim ba" to the petitl'oner/Accused No.8 by directl'ng the Respondent Kava"I " Town p.s., spsR NeIIore DI'StriCt not to arrest the petitioner I'n Crime No.75/2020, dated ll.04.2020, Pending disposal of CRLP 5336 of 2025, on the file of the High court. The petition coml'ng on for hearl-ng, upon perusl-ng the petition and the memorandum arguments of Petl-tioner and the following ORDER of grounds fI'led jn support thereof and upon hearing the srj GAJJALA ,MALLIKARJUNA REDDY, Advocate for the of PUBLIC PROSECUTOR for Respondent, the court made APHCO10258222025 lN THE HIGH,,COURT OF ANDHRA PRADESH AT AMARAVATl (special Original Jurisdiction) THURSDAY ,THE TWENTY NINETH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE JUSTICE HARINATH.N CRIMINAL PETITION NO: 5336/2025 Between : Ramireddy Pratap Kumar Reddy, AND The State Of Andhra Pradesh counsel for the Petitioner/accused: 1. GAJJALA MALLIKARJUNA REDDY [3521] I..PETITIONER/ACCUSED ...RESPONDENT/COMPLAINANT counsel for the Respondent/comp]ainant: 1.PUBLIC PROSECUTOR The Court made the following Order: The petitioner is arrayed aS Accused No.8 in Crime No.75 of 2020 on the file of the Kavali ll T'own Police Station, SPSR Nellore District, registered for the offences under sections 447, 427, 307,120 (b) I/w 34 r/w 109 of IPC and Section 3 of PDPP Act. 2. lt is submitted by the learned counsel for the petitioner that 1:he petitioner is arrayed as Accused No.8 in Crime No.75 of 2020. lt is submitted that the petitioner committed the offences under Sections 447 and 427 of lPC ``.--1 <----` and section 3 of PDPP Act-on the file of Kavali II Town Police Station, SPSR Nellore District. Learned counsel for the petitioner submits that after registration of the said crime, an enquiry was conducted and the police have initially closed the case as undetected. Thereafter on 07.04.2025, SPDO Kavali issued instructions for reopening the case and for taking up further investigation. Learned counsel for the petitioner submits that on the instructions of SPDO, dated 07.04.2025, now the provision of law is altered and Sections 307, 120(b), 109 r/w 34 of IPC were added to the initial allegations. lt is submitted that the petitioner belongs to a particular political party and on account of political differences, the petitioner is now summoned to the police station with reference to a case registered in the year 2020. This Court while considering the application on 09.05.2025, directed the petitioner to cooperate with the investigating officer as and when required and also directed the police not to take any coercive steps against the petitioner. On 16.05.2O25, time was sought for filing of counters. 3. Today, learned Assistant Public Prosecutor seeks further time for filing counter. 4. lt is submitted by the learned counsel for the petitioner that the petitioner has also appeared and cooperated with the investigating officer. 5. It is also submitted by the learned counsel for the petitioner that on account of political differences, the petitioner is now being troubled with respect to the case which was closed on 19.09.2023. 6. On perusing the record, it is observed that the land of the subject structure was considered as gramakantam land and the structure was demolished on the midnight of 10.04.2020. lt is also recorded by the investigating officer that there was no CCTV footage available within the vicinity of the alleged demolition which was OCCurred On the mid night Of 10.04.2020. 7. Learned Assistant Public Prosecutor submits that the then 'lnvestigating officer has simply recorded that the CCTV footages were not available and that the cameras were offline. lt is suspected that-the investigating officer closed the case and could not complete the investigation in the desired manner. 8. Be that as it may, considering the SubmiSSiOnS, this Court is inclined to grant anticipatory bail to the pet-ltioner -ln the event of his arrest, subject to the following condition:- i) The petitioner shall enlarge On bail in the event Of his arrest upon furnishing a personal bond for Rs.10,000/-(Rupees Ten Thousand only), along with two sureties for a like sum, to the satisfaction of the station House Officer, Kavali ll Town Police Station, SPSR Nellore District. 9. With the above condition, the Criminal Petition iS allowed. i Miscellaneous petiti-ons, if any pending, in the Criminal Petition, shall stand closed. To] psk //TRUE COPY// \ sD/-G.HEL ASSISTANT T RAFt I 1. The Station House Officer, Kavall " Town P S., SPSR Nellore 2. One CC to SRl. GAJJALA MALLIKARJUNA REDDY Advocate District. , 3 Two CCs to the PUBLIC PROSECUTOR, Hlgh Court Of A.P [OPUC] [oPUC] 4. One spare COPY •f ;5E \ t_ I HIGH COURT HN,J DATED :29/05/2025 BAIL ORDER CRLP.No.5336 of 2025 ALLOWED +`