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2025 DAILYLAW 19572 (AP)

KOMERA PITCHAIAH @ MAHAMKALI PICHAIAH v. THE STATE OF ANDHRA PRADESH

CRLP/5643/2025 · 2025-06-05

Kiranmayee Mandava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

lN THE HIGH COURT OF ANDHRA PRADESH AT A FRIDAY, THE SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA CRIMINAL PETITION NO: 5643 OF 2025 Between : Komera PI'tChaiah @ Mahamkali pichaiah, Aged about 47 years, Occ Agriculturalist R/o 12-2-355/1,20th Ward, Macherla Town Palnadu District. ...Petitioner/Accused No.18 AND The State of Andhra Pradesh, Rep by its public Prosecutor, High Court of Andhra Pradesh. ...Respondent Petition under section 438 of Cr.P.C/ Under Section 482 of BNSS praying that in the circumstances stated in the memorandum of grounds filed iln support of the crI'mI'nal Petition, the High Court may be pleased to releas6 the petitioner/Accused No.18 by granting anticipatory bail in the event of their arrest in Crime No+ 199 of 2022, on the file of the Macherla Town Police€ Station, palnadu District. i. The PetitI'On coming on for hearing, upon perusing the petI'±iOn and the memorandum of grounds filed in support thereof and upon hearing {he§ arguments of SRI RAMALAKSHMANA REDDY SANEPALLI Advocate for the petitioner, and of PUBLIC PROSECUTOR, for the Respondent, the court: made the following | r._-. E! FRIDAY, THE SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA CRIMINAL ,PETITION No: 5643/2025 Between : Komera Pitchaiah @ Mahamkali Pichaiah AND The State Of Andhra Pradesh Counsel for the Petitioner/accused: ...PETl"ONER/ACCUSED ...RESPONDENT/COMPLAINANT 1. RAMALAKSHMANA REDDY SANEPALLI Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The court made the following ORDER:- The present application is filed under Section 482 of B.N.S. for grant of anticipatory bail in the event of arrest of the petitioner/accused No.18 tin connecti6n with the crime No.199 of 2022 on the file of the Macherla Town Police Station, Palnadu District. 2. The case of the prosecution is that in a political procession that was taken out on 16-12-2022, the husband of the defacto complainant has p/ _-..l---.--------i-------- pait\clpa\ed The persons belOng\ng tO two rNal PO"tl=al gr_a_:P_S+Aha.Vne \l+n:==u: ` ln flghts and lt ls alleged that 'some of them have formed Into an unlawful assembly and caused vlolence with deadly weapons and set a car at ablaze and thereafter trespassed Into the house of the defacto complainant and caused damage to the furniture. 3. lt iS further a"eged that Petitioner lS the Sympathizer Of a POlltical Party lt is contended that the pollce have examlned the SOme WltneSS and basing On their statements, the name of the petltloner has been lmpllcated. since the name of the petltIOner Was not recorded ln the i I R , prays for grant Of anticipatory ba'll. 4. Learned COunSel for the PetltiOner relies On deC'lSIOnS Of this Court ln crl,p No 232 of 2O25 ln respect Of the Same Crime No.199 of 2022, where under this court has granted antlclpatory bail to the accused No.21, whose name does not found m the FI R, and CrlPNo4866 of 2025 filed by A-7 whereln this court dlrected the pollce to complete 'lnvest'lgation without taklng any coerclve measures against the petitioner therein (A-7). lt iS argued that after two years, the pollce are maklng efforts to apprehend the petitioner and they have further flled a memo before the trial Judge tO modify/add the Penal provisions under which the F.I.R. was initially lodged. 5. Perusal Of the record discloses that the name Of the Petit',Oner iS not found from the Flrst Information Report. lt'S been two years Since the Crlme iS reglstered, the petltloner [s apprehendlng arrest now lt lS Stated that SOme Of ...- the accL±Sed have been enlarged On bail. _ --I ---- --_` 6. Having regard to the contentions advanced, this Court deems it appropria.te to grant anticipatory bail on following conditions: i. ln the event of the petitioner's arrest, petitioner shall be released on bail on' executing a personal bond for a sum Of Rs.2O,000/- (Rupees twenty thousand only), with two sureties for the l|lke sum to the satisfaction of the station House Officer, Macherla Town Police Station, Palnadu District. ii. The petitioner shall make h-lmSelf available for investigation aS and when require-d. iii. The petitioner shall not Cause any threat, inducement Or Promise tO the lV. prosecution witnesses. The petitioner shall appear before the Station House Officer concerned on'ce in a week i.e., on every saturday between 10.00 a.m. and 01.00 p.m., till filing of the charge sheet. 6. With the above directions, the Criminal Petition is allowed. //TRUE COPY// Fol sc!/~ r#. Hr=L.A REABS" s l\-veits. `S"St AS`S!S|TANT sEgT,i®!~dnd GF'f:SrjF_R lTo, 1. The Station District 2. One CC to [OPUC] 3. Two CCs to House- Officer, Macherla Town Police Station, Palnadu SRI. -RAMALAKSHMANA REDDY SANEPALLI Advocat6 i PUBLIC PROSECUTOR, High Court of Andhra Pradesh • [OUT] 4. One spare copy PSR ^\ I \ HIGH COURT KM,J DATED : 06/06/2025 ANTICIPATORY BAIL ORDER CRLPINo.5643 of 2025 ALLOWED J7/