BHUPANI PRABHAKAR NAIDU v. THE STATE OF ANDHRA PRADESH
CRLP/5647/2025 · 2025-05-28
Y Lakshmana Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19661 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19661 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
`* -`-,,-=,- IN THE HIGH COURT OF ANDHRA PRADESH AT AMAR THURSDAY, THE TWENTY NINETH DAY OF MAY TWO THOUSAND AND TWENTY FIVE :PRESENT.I THE HONOURABLE DR JUSTICE Y. LAKSHMANA R/ ^llIIJl]lL] -I __ _ _. ` vvv . lvL_ I . LAr\OHIV[ANA RAO CRIMINAL PETITION NO.I 5647 OF 2025 Between :
1. Bhupani prabhakar Nal-du, s/o Bhupanj venkata NaI'du, Aged about 32 years, R/o H-No 76/97-192-5-22, Weaker sectI'On Colony, Kallur MandaI, KurnooI Town and DI-Strict. 2. V KasI @ KashI Babu, s/o v Nageswara Rao, aged about 31 years, R/o weaker sectI'On Colony, KaIIurMandalam, KurnooI Town and DI'StriCt. 3 Md.Rahamatullah, s/o MohammedFayaz, Aged about 29 years, R/o Ganesh Nagar, Kurnool. 4. Patan salman Khan, s/o p. Abdu'la Khan Aged about 27 Years, R/o H- No 76-116-24-2,Ganesh Nagar, Kurnool. PetitI-Oners/Accused Mos. 1 to 4 The state ofAndhra pradesh, Rep.by Its Publlc prosecutor, Through station House offI'Cer, Kurnool lv Town poll-Ce Station, Kurnool, Kurnool District. Respondent/complainant petjtI-On.under SectI-OnS 480 & 483 of BNSS (old Sections 437 & 439 of crp.c), praylng that ln the clrCumstances stated ln the affldaVIt filed ln support of the crI-mjnaI Petition, the High court may be pleased to enlarge/release the petltIOners herel'n/ Accused No 1 to 4 on regular ba" In crlme No. 127 of 2025 of Kurnool lv Town pol,ce statlon, Kurnool dIStrICt dated 13.04.2025. The petltion comlng on for hearlng, upon peruslng the petltjon and the grounds fIIed ln support thereof and upon hearing the arguments of srj K V Eo:%hHeUR ¥sEpEo=d eAndtvaoncdattei af-a:^ii : l±^tL:t_:Oini=_r':eaf:lan gof\npeuaBrF lucm =nRtS sot S 3 TKoVR for the Respondent and the court made the followl-ng,- AND
[3521] THURSDAY, THE TWENTY NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMI NAL P ETITION Between : Bhupani Prabhakar Naidu and Others ...PETITIONER/ACCUSED(S) AND The State OfAndhra Pradesh ."RESPONDENT/COMPLAINANT counsel for the petitioner/accused(S): 1.K.V.RAGHUVEER counsel for the Respondent/cOmPlainant|. 1.PUBLIC PROSECUTOR I±e£grdPa±!|±Lh a fL9!!g±±±±Eng Orde±E= The Crim'lnal Pet'ltion has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity [the BNSS]), seeking to enlarge the Pet'ltiOnerS/Accused Nos.1 to 4 on bail in Cr.No.127 of 2025 of Kurnool lV Town police station, Kurnool District, registered against the petitioners/Accused Nos.1 to 4 herein and another for the e.--, (-_3 .
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offence punishable under sections 109(1)I 329(4), 115(2), 351(2) r/w Section 3(5) of Bharat'Iya Nyaya Sanhita, 2023 (for brevity tthe BNS'). 2. The case of the Prosecution in nutshell iS that On 13.04.2025 at about 18.00 hours wh'lle the informant along With other persons were distributing the TDP membership Cards at Nirmal Nagar, the Accused Nos.1 to 4 came to them and obstructed to do so, then, the informant and others went to their TDP Office, where, the accused made Criminal trespass and beat the informant and other TDP followers With a threat Of dire consequences. Basing on the COmPla-lnt given by the defaCtO complainant, the above said case was registered for the said offences against the accused. 3. Heard learned COunSel for the Petitioner/Accused Nos.1 to 4 and the learned Assistant Public Prosecutor. Perused the record. 4. Sri K.V.Raghuveer, the learned counsel for the petitioners/Accused Nos.1 to 4 subm-lts that the T-._ _
petitioners/Accused Nos.1 to 4 have not committed any offence; petit-loners/Accused Nos.1 to 4 were falsely implicated by the police in the crime; petitioners/Accused Nos.1 to 4 are the sole breadwinners; petitioners/Accused Nos.1 to 4 would abide by any conditions to be imposed by this Court; and urged to allow the petition. 5. Per cot,fra, Ms. P. Akila Naidu, the learned Assistant Public Prosecutor, opposed in granting of bail stating that some more material witnesses have to be examined; investigation is not completed; if the petitioners/Accused Nos.1 to 4 are enlarged on bail, they would not be available for the investigation and they would escape from the clutches of law; and urged to dismiss the bail petition. 6. As seen from the record, the petitioners/Accused Nos.1 to 4 have been in the judicial custody for the past 44 days. The petitioners/Accused Nos.1 to 4 are resident of Kurnool District of Andhra Pradesh.
lf the petitioners/Accused Nos.1 to 4 are enlarged on bail with stringent conditions, they would not flee I i--i ---
away from the clutches of the law, and interest of the J-uS{iCe would be served. 7. Keeping in view of the period of detention undergone by the petitioners/Accused Nos.1 to 4 in judicial custody for more than 44 days and there is no iota of reference in the FIR lodged by the defacto complainant that the petitioners/Accused Nos.1 {o 4 have used deadly weapons against the alleged victims, the nature and gravity of allegation levelled against the petitioners/Accused Nos.1 to 4, and their alleged roles in the case, this Court is inclined to enlarge the petitioners/Accused Nos.1 to 4 on bail with the following stringent conditions. 8. ln the result, the criminal petition is allowed with the following conditions: i.The petitioners/Accused Nos.1 to 4 shall be enlarged on bail subject to executing a bond for a sum of Rs.20,000/-(Rupees twenty thousand only) each, with two sureties for the like sum each to the satisfaction of the learned Judicl'aI Magistrate of First Class, KurnooI. ``_L-
t<---I-=S ii.The petitioners/Accused Nos.1 to 4 shall appear before the Station House Officer, Kurnool lV Town Police Station, Kurnool District, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii. The petitioners/Accused Nos.1 to 4 shall not leave the limits of the Distr-ICt Without Prior permission from the learned Judicial Magistrate of First Class, Kurnool. iv. The petitioners/Accused Nos.1 to 4 shall not commit or indulge in commission of any offence in future. v. The petitioners/Accused Nos.1 to 4 shall cooperate with the investigating officer in further investigation of the case and shall make themselves available for interrogation by the investigating officer as and when required. vi. The petitioners/Accused Nos.1 to 4 shall not, directly or indirectly, make any inducement, threat
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*1=3q or promise to any person acquainted wl'th the facts of the case so as to dissuade him/her from dI'SCIOSing Such facts tO the COur{ Or tO any POliCe offi cer- sD/-A. VIJAYA BABU Fi= SSISTAN GISTRAR SECTION OFFICER _ __-| \\t\|\ //TRUE COPY// To, 1) The JudI-Cial MagI'Strate Of First Class, KurnooI ~2) The I Additional Sessions Judge, KurnooI 3) The Superintendent, sub-Jail, Kurnool .4) The Station House Officer, KurnooI IV Town Poll-Ce Station, Kurnool distrI'Ct z5) One CC to SRI. K V RAGHU VEER Advocate [OPUC] 6) Two CCs to Public Prosecutor, High Court ofAP [OUT] 7) One spare copy KJ IfT---.-=--
_ \ a HIGH COURT DR.YLR]J DATED :29/05/2025 BAIL ORDER CRLPINo.5647 of 2025 ALLOWED '¥[-L