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High Court of Andhra Pradesh · body

2025 DAILYLAW 19558 (AP)

GATLA ESWARA REDDY v. THE STATE OF ANDHRA PRADESH

CRLP/5645/2025 · 2025-07-17

Y Lakshmana Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

\ rfe--=,----, lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA FRIDAY ,THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5645 OF 2025 Between : i 1. Gatla Eswara Reddy, S/o Venkateswara Reddy Aged about 33 years, Occ Business R/o 15-1-473, MacherlaTown, Palanadu District. 2. Sanchula Kranti, S/o Satyam Aged about 30 years, Occ Business R/o 783/1, Nehur Nagar, Macherla Town Palnadu District. 3. PI-nnebOina Madhubabu, s/o MaIIaiah Aged about 29 years, Occ Business R/o 15-1-141, Nehuru Nagar, Macherla Palnadu District. Petitioner/Accused AND The State OfAndhra Pradesh, Rep. by its public Prosecutor High Court of Andhra Pradesh. Respondent/compla]-nant Petition under section 482 of BNSS (438 of Cr.P.C.,) praying that in the circumstances stated in the affidavit filed in support of the crI-minaI PetI-lion, the High Court may be pleased to release the petitioner/Accused No. 24 to 26 by granting anticI'PatOry bail in the event of their arrest in F.I.R. No. 79 of 2024, on the file of the Macherla Town Police Station, Palnadu Distrl-ct COUNSEL FOR THE PETITIONER : SRI. RAMALAKSHMANA REDDY SANEPALLI COUNSEL FOR THE RESPONDENT : PUBLIC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER PHCO10274562025 Vt +..I,>-.I ' |'r .* I_ - +S.. I1. i _..I-I - \ I+. \+ lN THE HIGH`COURT OF ANDHRA PRADESH AT AMARAVATI (special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5645/2025 Between : Gatla Eswara Redcly and others The State of Andhra Pradesh AND [3521] ".PETITIONER/ACCUSED(S) .HRESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(s): Ramalakshmana Reddy Sanepalli Counsel for the Responclent/complainant.- Public Prosecutor The Court made the following: ORDER: The CrimI'naI Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha SanhI-ta, 2023 (for brevity lthe BNSSJ) by the petitioners/Accused Nos.24 to 26 for granting of pre-arrest bail in connectI'On With Crime No.79 of 2024 of Macharla Town Police StatI'On, Palnadu District, registered for the alleged offences punishable under i 2. The case of the prosecution is that the de-facto complainant alleged that on 13.05.2024 at about 1:30 p.m., in view of the general election, the de-facto complainant being a follower of T..D.P. Party along with Keshav Reddy and others was at the P.W.D Colony polling booth, the Accused No.1 along with few others, approached the polling booth, threat ended the de-facto complainant and further the Accused No.1 and few others attacked the de-facto complainan{ causing bleeding injuries, upo'n the cries made by the de-facto complainant the by slanders made call to the 108 Ambulance, the de-facto complainant was shifted to hospital at Narsaraopet. Basing on the report of the complainant, a case was registered against the petitioners/accused Nos.24 to 26 and others. 3. Sri Rama Lakshmana Reddy, the learned counsel for the petitioners, submits that the petitioners have not committed any offence; they were falsely implicated in this case; they are the 'sole breadwinners of their family; they are ready to abide any conditions to be imposed by this'court; and urged to grant pre-arrest bail to the petitioners. 4. Per confra, Mr. Neelotphal Ganji, the learned Assistant Public Prosecutor, opposed in granting of bail stating that investigation is not /, 3 iull yet completed; if the petitioners were granted Pre-arrest bail, they Will repeat the same offence and urged to dismiss the bail petit-IOn. 5. Perused the record. 6. On perusal of the record, Accused Nos.24 to 26 were shown as accused based on the confession given by Accused No.23. In the iiiiii± E- sta{ement given by the de-facto complainant, there was no reference about the present petitioners. A learned Single Judge of this Court, in ---------- crl.p.No.631 of 2025 dated 30.01.2025, granted pre-arrest bail to Accused No.18, Initially, when the case was registered On 13.05.2024, Accused Nos.1 to 6 were shown as accused. There was no explanation as to why so much delay was caused in adding the names of the petitioners in the present cr-lme. It is not in d'ISPute that Accused Nos.15, 19, and 20 were also granted pre-arrest bail by this Court. 7. ln view of the nature of the allegations leveled against the petitioners, their alleged role played in this case and the time taken for showing the petitioners as accused in this case, this Court, feels it appropriate to grant pre-arrest bail to the petitioners. 8. ln the result, the Criminal Pet'ltion is allowed with the following conditions: 4 i. ln the event of their arrest, the petitioners/Accused Nos.24 to 26 shall be enlarged on bail subject to them executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), e¢ach with two sureties for the like sum each to the satisfaction of the arresting police officials; ii. The petitioners/Accused Nos.24 to 26 shall make themselves available for investigation as and when required; ill-. The petitioners/Accused Nos.24 to 26 shall not cause any threat, inducement or promise to the prosecution witnesses; iv. The petitioners/Accused Nos.24 to 26 shall appear before the Station House Officer concerned once in a week i.e., on every Saturday between 10.00 a.m. and 5.00 p.m., till filing of the charge sheet. v. The petitioners/Accused Nos.24 to 26 shall not leave the district limits without the express permission from the Station House Officer concerned. SD/-G.HELANAIDuI ASSISTAN Fort //TRUE COPY// ISTRAR OFFICER To, 1. Th.e Station House officer, Macherla Town Police Station, Palnadu District 2. One CC to SRI. RAMALAKSHMANA REDDY SANEPALLI Advocate [OPUC] \\ HIGH COURT DR.YLR,J DATED:18/07/2025 BAIL ORDER CRLP.No.5645 of 2025 ALLOWED '-\ 24 JUl2m h - _`xF¢