SHAIK YALAVARTHIPATI PEDDA BAJI v. THE STATE OF ANDHRA PRADESH
CRLP/5604/2025 · 2025-05-21
Challa Gunaranjan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19506 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19506 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
E1 THURSDAY, THE TWENTY SECOND DAY OF MAY, TWO THOUSAND AND TWENTY FIVE :PRESENT:
THE HONOURABLE SRI JUSTICE CHALLA GUNARANJ CRIMINAL PETITION NO: 5604 OF 2025 Between : '*}>>* Shaik Yalavarthipati Pedda Baji, S/o. Saida, Aged about 44 years, Occ: Agriculture, R/o.Madala Village, Muppalla Mandal, Palnadu District. ...Petitioner/Accused No.2 AND The State of Andhra Pradesh, Represented by the Station House Officer, Muppalla Police Station, Palnadu District. Through the Public Prosecutor, High Court of AP, Andhra Pradesh. ...Respondent Petition under Section 482 of BNSS, 2023/438 of Cr.P.C is filed praying that in the circumstances stated in memorandum of grounds of Criminal Petition, the High Court may be pleased to enlarge the Petitioner/Accused.Nd.2 on bail in the event of arrest ln connection with the FIR in Cr.No.39 of 2025 dated 13.04.2025 on the file of the Muppalla Town Police Station, Palnadu District, for the alleged offence/s under Section/s Sections 189(2), 191 (2), 191 (3), 109(1 ), 333 r/w 190 BNS; The petition coming on for hearing, upon perusing the petition and memorandum of grounds of criminal petition and upon hearing the
arguments of Sri Gouthami Surapareddy, Advocate for the Petitioner and Public Prosecutor for the Respondent;
The Court made the followin
order: (CGR,J Crl.P.No.5604 of 2025) present criminal Petition is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2025 (for brevity [the BNSS') seeking anticipatory bail with respect to Crime No.39 of 2025 of Muppalla Police Station, Palnadu District, registered for the offences punishable under section 189(2),191(2),191(3),109(1), 333 read with 190 BNS. The petitioner herein is arrayed aS A-2.
2. lt is alleged that Accused A-1 to A-9 formed as unlawful assembly with deadly weapons causing simple injuries to cye facfo complainant. As per FIR and remand report, it is alleged that the main persons for cause of incident are A-1 and A-3 and that A-2, A-4 to A-9 have aided them by preventing the persons, who are supporting the cye facfo complainant. A-1 and A-3 are stated to be already enlarged on regularly bail and while considering their accusation for grant Of bail, the trial court has specifically recording finding that the injuries sustained by LWs.1 to 3 are simple in nature and besides that the accusation with respect to offence under Section 109(1) BNS is unfounded and insofar as other offences are concerned, the same
order has furnished to follow the decision rendered in the case Of Amesh Kumar vs. S£afe of B,'har1, as the punishment is less than seven years, therefore, the request for grant of bail has been ordered. ~--`- 1 (2014) 8 SCC 273 -.---.-. `
3 (CGR,J Crl.P.No.5604 of 2O25)
3. Learned counsel forlhe petitioner submits that even the same finding may be ordered for the offence under Section 109(1) BNS and for other offences to follow the judgment rendered tin Arnesh Kumar's case (referred supra), the petitioner is entitled for anticipatory bail.
4. Learned Assistant Public Prosecutor, while opposing grant of anticipatory bail, did not dispute the factum of injuries are being simple in nature and that already the investigation was at the advan,ced stage.
5. ln view of the aforesaid submissions, the bail application is ordered with the following directions: a) ln the event of arrest of the petitioner, the petitioner shall be enlarged on bail on his executing a personal bond for a sum of Rs.1O,000/- (Rupees ten thousand only), with two sureties each for the like sum each to the satisfaction of the arresting police officials; b) The petitioner shall make himself available for investigation as and when required; c) The pet-ltioner shall not cause any threat, inducement or promise to the prosecution witnesses; d) The petitioner shall appear before the Slat-Ion House Officer concerned once in a week i.e., on every r4zir-` f\ ____ _iiE
4 (CGR,J Crl.P.No.5604 of 2025) Sunday between''10.00 a.m. and 05.00 p.m., till filing of the charge sheet. e) The petitioner shall not leave the District limits without the express permission from the Station House Officer concerned.
6. Accordingly, the Criminal Petition is allowed. As a sequel, pending miscellaneous petitions, if any, shall stand closed.
SD/- K.J.RAJA BABU //TRUE COPY// ASSISTAN loN OFFICER To,
1. The lStAdditional Civi, Judge (Junior Division), Sattenapalli. ;I
2. The Station House Officer, Muppalla Police Station, Palnadu Distr'lct.
3. One CC to Sri. Gouthami Surapareddy, Advocate [OPUC] fry
4. Two CCs to Public Prosecutor, High Court ofAP [OUT] J
5. One spare copy lVIM
I \ __i HIGH COURT CGR,J DATED:22/05/2025
ORDER CRLP.No.5604 of 2025 ALLOWED