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2025 DAILYLAW 19532 (AP)

JALLU RAJEEV v. THE STATE OF ANDHRA PRADESH

CRLP/5601/2025 · 2025-05-21

Challa Gunaranjan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI ^ THURSDAY ,THE TWENTY SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN ' CRIMINAL PETITION NO: 5601 OF 2025 Between; 1. Jallu Rajeev, S/o Yerrannaidu.Aged 46 years D.No 4- 143,Kummaripeta,Kalinga Street, Gara,Srikakulam District. 2. Gujjala Appalaraju, S/o Surya narayana, Main Road,Gara, Srikakulam District 3. B.Munjeti Krishna Murthy, S/o Kamayya late Aged 55 years,D.No 1- 212, Market Road Colony,Gara, Srikakulam District. 4. Pitta Ramana Murthy,, S/o Simmayya D.No 1-250, Main Road,Gara, Srikakulam District 5. Pudi Anand Kumar, S/o Jogarao D.No 4-135, Kummaripeta,Gara, Srikakulam District ...PETITIONERS/ACCUSED 1 to 5 AND 1. The State Of Andhra Pradesh, Rep.by its Public Prosecutor, High Court of Andhrapradesh at Amaravathi ...RESPONDENT/COMPLAINANT Petition filed under Section 482 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to enlarge the petitioners on bail in the event of petitioner arrest in connection with Crime No.84/2025 dt.06.05.2025 on the file of Gara Police station, Srikakulam District for alleged offence u/s. Sec.329{3),1l8(1).324(4),351(3),30 8(2),r/w 62,r/w 3(5), of B.N.S.S. 2023 This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri M. SAPTHAGIRI, Advocate for the Petitioner and the Public Prosecutor (AP) on behalf of the Respondent. The Court made the following order: 1 (CGR,J Crl.P.No.5601 of 2025) APHC010274072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] THURSDAY, THE TWENTY SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN CRIMINAL PETITION NO: 5601/2025 Between: Jallu Rajeev and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1.M. SAPTHAGIRI Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following: ORDER:- The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by the petitioners/Accu sed Nos.1 to 5 for granting of pre-arrest bail in connection with Crime No.84 of 2025 of Gara Police Station, Srikakulam District, registered for the offences punishable under Sections 329 (3), 118 (1), 324 (4), 351 (3), 308 (2) r/w 62, r/w 3(5) of the BNS. Case of the prosecution, in brief, is that a complaint was lodged on 06.05.^025 against the petitioners, alleging that they visited the sand reach being operated by the defacto complainant, threatened the 2. 2 (CGR,J Crl.P.No.5601 of 2025) staff working there, and also attempted to manhandle them using sticks, as a result of which the staff sustained injuries. The alleged incident occurred because the defacto complainant, who is from Kakinada, had been allowed to operate the sand reach, and the accused reportedly assaulted him and his staff for undertaking such work. Heard learned counsel for the petitioners and the learned Assistant Public Prosecutor representing the respondent/State. Perused the record. 3. Sri.M.Sapthagiri, learned counsel for the petitioners, after arguing for some time, has confined his argument to the extent of protecting the petitioners herein from the coercive action by the police on the ground that the offences alleged are punishable with imprisonment of less than seven years and prays this Court to direct the police to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. On the other hand, Sri. Panini Somayaji, learned Assistant Public Prosecutor did not oppose the same and concurred with the submission made by the learned counsel for the petitioners for the reason that the offences alleged are punishable with imprisonment of less than seven years. Since the offences alleged are punishable with imprisonment of less than seven years, this Court directs the police to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, scrupulously, as per the guidelines enunciated in Arnesh Kumar Vs. State of Bihar and another^ 4. 5. 6. With the above directions, the Criminal Petition is disposed of. 7. (2014) 8 see 273 3 (CGR,J Crl.P.No.5601 of 2025) Miscellaneous petitions, if any pending, in the Criminal Petition, shall stand closed. 1 // Sd/- K J RAJA BABU ASSISTAN^^GISTRAR l^SECTION OFFIC^ //TRUE COPY// To 1. The Station House Officer, Gara Police station, Srikakulam District 2. One CC to Sri M. Sapthagiri, Advocate [OPUC] 3. Two CCs to Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. [OUT] 4. Three CD Copies RAM HIGH COURT (Vacation Court) DATED:22/05/2025 ORDER CRLP.No.5601 of 2025 r/ 2 6 MAY 2025 e Co/ ^ . Current section DISPOSING OF THE CRIMINAL PETITION