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2025 DAILYLAW 19535 (AP)

SHAIK YALAVARTHIPATI MABU BASHA v. THE STATE OF ANDHRA PRADESH

CRLP/5614/2025 · 2025-05-21

Challa Gunaranjan

body2025

Judgment text

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ciS`, =r[ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT THURSDAY, THE TWENTY SECOND DAY OF MAY, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE CHALLA GUNARANJ CRIMINAL PETITION NO: 5614OF2025 / Betwee n : 1. Shaik Yalavarthipati Mabu Basha, S/o. Saida, Age. 44 years, Occ. Agriculture, R/o.Madala Village, Muppalla Mandal, Palnadu District. 2. Yalavarthipati Mabu Subhani, S/o Mohiddin, Age. 25 years, Occ. Agriculture, R/o 6-117, Madala, Muppalla MandaI, Palnadu District. 3. Yalavarthipati Jilani, S/o Mohiddin, Age. 22 years, Occ. Student, R/o. 6- 117, Madala, Muppailla Mandal, Palnadu District. 4. Yalavarthipati Nagulmeera, S/o BaJ'i, Age. 24 years, Occ. Car Mechanic, R/o. 6-173, Madala, Muppalla, Palnadu District 5. Yalavarthipati Noor, W/o Pedda Baji, Age. 34 years, Occ. Housewife, R/o.'6-130, Madala, Muppalla, Palnadu District. 6. Syed Khajavali, S/o Akbar, Age. 27 years, Occ. Credit Card Recovery Agent, R/o.4-157, Madala, Muppalla, Palnadu District. ....Petitioner/Accused No.4 to 9 AND The State of Andhra Pradesh, Represented by the Station House Offieer, Muppalla Police Station, Palnadu District. Through the Public Prosecutor, High Court of AP, Andhra Pradesh. ...Respondent Petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (438 of Cr.P.C), praying trlat in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge the petitioner/Accused.No. 4 to 9 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, E=/ / Z- __________ __ _ :/ for the alleged offence/s under SectI'On/S Sections 189(2), 191(2),191(3), i/ I, 109(1)I 333 I/w 190 BNS. lANO: 1 OF2025 Petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (438 of Cr.P.C), praying` that in the circumstances stated in the memorandum of grounds filed ,in support of the Criminal Petition, the High Court may be pleased to release the present petitioners/A4 to A9 on interim- bail in the event of arrest in 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, Pending disposal of CRLP 5614 of 2025, on the file of the High Court. /. Counselforthe Petitioner : Ms. GouthamiSurapareddy f /, / Counsel for the Respondent : Assistant Public Prosecutor The Court made the following ORDER: APHCO10274382025 (CGR,J CrI.P.No.5614 of2O25) ~. lN 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: 5614/2025 Between : Shaik Yalavarthipati Mabu Basha and .UPETITIONER/ACCUSED(S) Others AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(s): 1.GOUTHAMI SURAPAREDDY Counsel for the Respondent/complainant: 1.PUBLIC PROS'ECuTOR \ The Court made the followin order: (CGR,J Crl.P.No.5614 of 2025) Present Criminal Petition is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhi{a, 2025 (for brevity [the BNSSJ) seeking anticipatory bail with respect to Crime No.39 of 2025 of MuppaIIa 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 petitioners herein are arrayed as A-4 to A9. 2. lt is alleged that Accused A-1 to A-9 formed as unlawful assembly with deadly weapons causing simple inJ'urieS tO C/e 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 Arr7eSh Kumar vs. Sfafe 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 / J^,,,Z ,; 3 (CGR,J Crl.P.No.5614 of 2025) 3. Learned counsel for the petitioners 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 in Arnesh KumarJs case (referred supra), the petitioner is entitled for anticipa{ory 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 a{ the advanced stage. 5. In view of the aforesaid submissions, the bail application is ordered with the foll6wing directions: a) ln the event of arrest of the petitioners, the Petitioners Shall be enlarged on bail on their executing a Personal bond for a Sum Of Rs.1O,OOO/- (Rupees ten thousand only)each, 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 invest-IgatiOn aS and When requ-Ired; c) The petitioners shall not cause any threat, inducement or promise to the prosecution witnesses; d) The petitioners shall appear before the slat-ion House Officer concerned once in a week i.e., on every \ .,,I f 4 (CGR,J Crl.P.No.5614 of 2025) Sunday 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. 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// ASSISTANT!PEGISTRAR SECTION OFFICEFt To, 1. The Station House Officer, Muppalla Police Station, Palnadu District. I/ 2. OneCC to Sri Gouthami Surapareddy, Advocate [OPUC] {~7 3. Two CCs to Public Prosecutor (AP) High Court of Andhra Pradesh r [OUT] 4. One spare copy CVSS HIGH COURT CGR,J DATED :22/05/2025 BAIL ORDER CRLPINo.5614 of 2025 ALLOWED qu`-+#r} - I i NINT\\\