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2025 DAILYLAW 19006 (AP)

Buddappa @ Buddaiah, v. The State of Andhra Pradesh,

CRLP/5462/2025 · 2025-05-14

Y Lakshmana Rao

body2025

Judgment text

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[3521] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI u,,.irffi THURSDAY ,THE FIFTEENTH DAY OF MAYu, TWO THOUSAND AND TWENTY FIVE ut j3J3ESENT: • ,./ THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIIVIINAL PETITION NO: 5462 OF 2025, `*i5= uE= Between : BEE 1. Buddappa @ Buddaiah, S/o. Marappa, Aged about 42 years, Occ- Cultivation, R/o.Polepalli Village, SomandepaIIiMandaI, Sri Sathya Sai DI'StriCtErtswhl®IeAnana{apur District. ~ v, 2. Anji @ AnJ'l'naPPa, S/o. Budd-aiah, Aged about 40 years, Occ- Cultivation, R/o.Polepalli Village, Somandepalli MandaI, Sri Sathya Sai District ErtswhileAnanatapur District. L+ 3. Y.Narasimha+Murthy @ Murthi, S/o. Anjinappa, Aged about 49 years, occ-cultivatI-On, R/o.Polepaffii Village, Somandepalli MandaI, Sri Sathya Sai District ErtswhileAnanatapur District. Lef ¢ 4. Y.Murthy @ chinna Murthi, S/o. Anjl-nappa, Aged about 42 years, Occ- CultivatI'On, R/o.Polepalli Village, Somandepalli MandaI Sri Sathya Sai District ErtswhileAnanatapur DI-Strict. \+ 5. Y.Balakrisfina, s/o. y.AnJinaPPa, Aged about 34 years, Occ-Cultivation, E= R/o.PolepaIIi Village, Somandepalli Mandal, Sri Sathya Sai District ErtswhileAnanatapur District. ~ E=I 6. Nagamuneppa @ Narayanappa, S/o. Chinna Mareppa, Aged about 58 S years, Occ-Cultivation, R/o.PolepaIII' Village, Somandepalli Mandal, Sri Sathya Sai District ErtswhileAnanatapur District rf \/ - 7. Y.Anitha, , C/o.Y.Kristappa, Aged about 35 years, Occ- Cultivation, R/o.Polepalli Village, Somandepa]li MandaI, Sri Sathya Sai District ErtswhileAnanatapur District. L~ i/ - 8. Ramya, W/o. Narasimhappa, Aged about 37 years, Occ- Cultivation, R/o.Polepalli Village, Somandepalli Mandal, Sri Sathya Sai DI-Strict -Jx+let A. Erfswhjj3AnanatapuJ District. ~ 9~;*.,`,Y.Manjula @ Manjakka, W/o. Y.Gangadhar, Aged about 40 years, Occ- t; , ,iS::.ultiyati_on, R/o.Poifealli Village, Som:n,depa"i Mandal, Srl Sathya Sai +.{ t~# >^ I IT*'`l9pistrict ErfswhiI5Ananatapur Dist,riot. LZ a,,a- 10. Y.Narendvra, S/o. Y.Ganiappa, Aged about 28 years, Occ- cultivation, R/o.Poleprfu Village, Somandepalli Mandal, Sri Sathya Sai +---_ District ErtswhileAnanatapur District. Pet:itioners/Accused Mos.1 to 10 t,- AND vJ The State of Andhra Pradesh, Through SHO, Somandepalli Police Station Sri Sathya Sai District Erstwhile Anantapur District, Rep. by the Public Prosecutor, High Court of Andhra Pradesh, At Amaravati. hat ut Respondent `-.. Petition under Section 482 of BNSS (438 of Cr.P.C.,) prayI'ng that in the circumstances stated in the affidavit filed in support of the criminal petition, the High Court may be pleased {o grant anticipatory bail and direct the respondent police to release the petitioners/Accused No.1 to 10 herein in the event of his arrest in FIR No. 36 of 2025, dated 03.04.2025 on the file of the somandepalliiolice Station, Somandepalli, Sri Sathya Sai District Erstwhile Anantapur District ~ COUNSEL FOR THE PETITIONER .I SRI. P NARAHARI BABU ~ COUNSEL FOR THE RESPONDENT : PUBLIC PROSECUTORL, - THE COURT MADE THE FOLLOWING ORDER `,._ I.I- J` H I v* fab.V APHCO10262802025 37 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) [3521]' THURSDAY, THE FIFTEENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO.-5462/2025 Between : Buddappa @ Buddaiah, and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. P NARAHARI BABu Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the fo[lowinc] Order:- The Criminal Petition has been filed under Section 482 of the BNSS, by the petitioners/Al to A10 for granting of pre-arrest bail in connection with Crime No.36 of 2025 of Somandep'alli Police Station, Sri Sathya Sai District, registered for the alleged offences punishable under Sections 191(2),191(3), 76,115(2),118(1) and 109 read with 190 of the BNS. + 2. Facts, in brief, of the case are that this case involves an incident of rioting, followed by attempted murder, disrobing of a married woman, and causing simple hurt, all committed with common intention and the same was occurred on 02.04.2025 at about 6:00 PM, at the complainant's residence, located in Polepalli Village, Somandepalli Mandal. 3. Heard learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record. 4. Learned counsel for the petitioners submits that the petitioners have not committed any offence and they were falsely implicated in this case. The petitioners would abide by any condition to be imposed by this court. 5. Per confra, the learned Assistant Public Prosecutor, opposed in granting of bail on the ground that some more material witnesses have to be examined; investigation is not completed; if the petitioners are enlarged on bail, they would not be available for the investigation and they would escape from the clutches of law; and urged to dismiss the bail petition. 6. A perusal of the material on record goes to show that there are civil disputes pending in between the petitioners and the defacto complainant and also the petitioners have lodged a complaint against the defacto complainant and others which was much prior in time. ln view of the nature of the allegations leveled against the petitioners and their alleged role I-n this case and i,a+rfe,rmf|he ir gravity of this case, this Court is inclined to consider request of petitioners for grant of anticipatory bail. \ \ `++ 7. Accordingly, this criminal petitI-On iS allowed With the following directions: a) ln the eventofarrest of{he petitioners, the petitioners shall be enlarged on bail on executing a personal bond for a sum of Rs.10,000/-(Rupees ten thousand only), with two sureties each for the like sum each to the satisfaction of the arresting police officials; b) The petitioners shall make themselves available for investigation as and when required; c) The petitioners shall not cause any threat, inducement or promise to the prosecution witnesses; d) The petitioners shall appear before the station House Officer concerned once in a week i.e., on every Saturday between 10.00 a.m. and 05.00 p.m., till filing of the charge sheet. e) The petitioners shall not leave the district limits without the express permission from the Station House Officer concerned. 8. Accordingly, the Criminal Petition is allowed. / L,, - //TRUE COPY// For SD/-M. PRABHAKAR RAO ASSISTANT REG-lSTRAR ` I I:I::.:\.;:.--- SECTION OFFICER To] |/ 1. The Station House officer, Somandepalli Police Station, Somandepalli, Sri Sathya Sai District Erstwhile Anantapur District L~ 2. One CC to SRI. P NARAHARI BABU Advocate [OPUC] L~ 3. Two cos to PUBLIC PROSIE91JTOR, High Court ofA.P[OUT] 4. Onesparecopy , 1 HIGH COURT DATED:15/05/2025 BAIL ORDER CRLP.No.5462 of 2025 ALLOWED .,..I/ S.: •'J ri EiiI J22*a +f€i:i-):I:::.I.=i ;i`:`=.-.;:.:i[-.:-.I..` :I-:.``.- 19 MAN '!\)Zb IiEREFffiREEFHREELRE+E=EE HT ;ffgrREifeFT#S#st#ff*haaph