Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 19633 (AP)

DAMERLA SRAVAN KUMAR v. THE STATE OF ANDHRA PRADESH

CRLP/5696/2025 · 2025-05-28

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

•` a-.-c.a IN THE HIGH COURT OF ANDHRA PRADESH AT A I. THURSDAY, THE TWENTY NINETH DAY OF TWO THOUSAND AND TWENTY FIVE :PRESENT: ` .' ,I.': ffe THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO.I 5696 OF 2025 Between : Damerla Sravan Kumar, s/o. vengala Rao Aged about 37 years, Annavaram Village, Jaladanki MandaI, SPSR NeIIore District. .`. lPetI-tiOner/Accused No.5 AND state of Andhra pradesh, Through s.H.O Kavali 2 Town PS SPSR NeIIore District, Rep.by public prosecutor High court ofAndhra pradesh. ...Respondent/complainant petition under section 482 of BNSS r/w Section 438 of Cr.P.C, praying that I-n the circumstances stated I-n the memorandum of grounds filed I-n support of the crimI'naI PetjtI-On, the HI-gh Court may be pleased to enlarge Anticl-patory Bail in the event of Arrest of the petitioners /Accused No,6 and 7 connecting in crime No.75 of 2020 on the file of Kava" 2 Town P.S, SPSR NeIIore District. !A NO..1 petition under section 482 of Cr.P.C praying that jn the cI-rCumStanCeS stated in memorandum of grounds fl'led in support of the petition, the High court may be pleased to grant interim bail to the petitI-OnerS /Accused No.6 and 7 connecting lln Crime No.75 of 2020 on the file of Kava" 2 Town p.s, spsR Nellore District, pendI-ng disposal of CRLP 5696 of 2025, on the file of the High Court. The Petition coming on for hearing, upon perusI-ng the PetitI-On and the memorandum of grounds filed in support thereof and upon hearing the arguments of SRI P B REDDY Advocate for the petl-tjoner, and of PUBLIC PROSECUTOR, for the Respondent, the court made the following IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) [3521] 0275992025 THURSDAY ,THE TWENTY NINETH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: Betwee n : Damerla Sravan Kumar AND The State Of Andhra Pradesh Counsel for the Petitioner/accused: 1.PBREDDY ...PETITIONER/ACCUSED ...RESPONDENT/COMPLAINANT Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following Order= The petitioner is arrayed as Accused No.5 in Crime No.75 of 2020 on the file of the Kavali lI Town Police Station, SPSR Nellore District, for the offences registered under sections 447, 427, 307,120 (B) r/w 34 I/w 109 of IPC and Section 3 of PDPP Act. 2. 2. It is submitted by the learned counsel for the Petitioner that the petitioner is arrayed as Accused No.5 in Crime No.75 of 2020. It is submitted that the petitioner committed the offences under Sections 447 and 427 of IPC Ei= _' ,-r=q 2 and section 3 of PDPP Act_on the file of Kavali ll Town Police Station, ®iJSRap ~/ I_ Nellore D-lstrict. Learned counsel for the Petitioner Submits that after registration of the said cr'lme, an enquiry was conducted and the pol-lee have initially closed the case as undetected. Thereafter on 07.04.2025, SPDO Kavali issued instruct-IOnS for reopening the Case and for taking uP further investigation. Learned counsel for the Pet-ltiOner Submits that On the instructions of SPDO, dated 07.04.2025, now the provision of law iS altered and sections 307, 120(b), 109 r/w 34 of IPC were added to the initial allegations. 3. Heard learned counsel for the Petitioner and the learned Assistant Publ-lc Prosecutor. 4. It is also submitted by the learned COunSel for the petitioner that On account of political differences, the pet-ltioner is now being troubled with respect to the case which was closed on 19.09.2023. 5. On perusing the record, it iS Observed that the land Of the Subject structure was considered as gramakantam land and the structure was demolished on the midnight of 10.04.2020. lt is also recorded by the investigating officer that there was no CCTV footage available within the vicinity of the alleged demolition which was OCCurred On the mid night Of 10-04.2020. ttgiv6. ul SLearned Assistant Public Prosecutor submits that the then investigating officer has simply recorded that the CCTV footages were not available and that the cameras were offline. lt is suspected that the investigating Officer closed the case and could not complete the investigation in the desired manner. 7. Be that as it may, considering the SubmiSSiOnS, this Court is inclined tO grant anticipatory bail to the petitioner in the event of his arrest, subject to the following cond'ltion'.- i) The petitioner Shall enlarge On bail in the eVentOfhiS arrest upon furnishing a personal bond for Rs.10,000/-(Rupees Ten Thousand only), along with two sureties for a like sum, to the satisfaction of the station House Officer, Kavali ll Town Police Station, SPSR Nellore District. 8. With the above COnditiOn, the Criminal Petition iS allowed. Miscellaneous petitions, if any Pending] in the Crim'Inal Pet'ltion, shall I s,and c,osed , ASS,STSAck#RE%oTREL%\# //TRUE COPY// SECTION OFEL-!3,ErF'- For/ ~_..lnI`l r`[ult5lRAR To, 1. The station House Officer, Kavali II Town Police Station, SPSR Nellore District 2. One CC to SRl. P B REDDYAdvocate [OPUC] 3. Two CCs {o PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT] 4. One spare copy PSR I I..Tffi HIGH COURT HN,J DATED..29/05/2025 ANTICIPATORY BAIL ORDER CRLP.No.5696 of 2025 ALLOWED ).^`+.-.,`,.r...1y