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2025 DAILYLAW 19809 (AP)

Chidaraboyina lakshmi Naryana, v. The State of Andhra Pradesh

CRLP/5753/2025 · 2025-06-23

Y Lakshmana Rao

body2025

Judgment text

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I+ \ ````T ` } <`` INTHE HIGH COURTOFANDHRAPRADESHATAMI TUESDAY, THE'TWENTY FOURTH DAY OF JU TWO THOUSAND AND TWENTY FIVE `l\'$1` :PRESENT'. THE HONOURABLE DR JUSTICE Y. LAKSHMANA CRIMINAL PETITION NO: 5753 OF 2025 Between : 1. Ch-ldaraboy'lna lakShmi Naryana, S/o. Venkateswarlu, Aged 50 Years R/o. Gavinivaripalem Village, Chirala mandaI, Bapatla District. 2. Chidaraboyina Veeraiah, S/o. Venkateswarlu, Aged 40 Years R/o. Gavinivaripalem Village, Chirala Mandal, Bapatla District. 3. Chidaraboyina Bharath Kumar, S/o. Lakshmi Naryana, Aged 30 Years, R/o. Gavinivaripalem Village, Chirala Mandal, Bapatla District. 4. Gorla Venu, S/o Vasantha Rao, Aged 23 Years, R/o. P'lnn-lboyinavari palem village, Bapatla MandaI, Bapatla District. 5. Yamparala @ Vemparala Kumara Swam'l, S/o. Srinivasa Rao, Aged 20 years, R/o. Gudipudi Village, Bapatla Mandal, Bapatla District ..IPetitioners/Accused No.1 to 5 AND The State of Andhra Pradesh, rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. ...Respondent/Complainanti petition under sections 480 & 483 of BNSS ( Under Sections 437 & 439 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 grant Bail to the petitioners/Accused No.1 to 5 in connection with crime No.55 of 2025 of Chirala Rural P.S., Bapatla D'lstrict (Erstwhile .. Prakasam District). ~ The Petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of SRI RAMAKRISHNA AKURATHI Advocate for the Petitioners, and of PUBLIC PROSECUTOR, for the Respondent, the Court made ther` following /,r APHCO10277722025 EHEI ERE]RE Between.I lN THE HIGH COURT OF ANDHRA PRADESH I AT AMARAVATI (Special Original JurisdI-CtiOn) TUESDAY ,THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5753/2025 [3521] chidaraboyina Lakshmi Naryana, and others .I.PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh Counsel for the Petitioner/accused(s): 1. RAMAKRISHNA AKURATHI Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following: ORDER: ...RESPONDENT/COMPLAINANT The Criminal Petitl'on has been filed under sectI-OnS 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity {the BNSSJ), seeking to enlarge the petI'tiOnerS/Accused Mos.1 to 5 on bail in cr.No.55 of 2025 of chirala Rural Police Station, Bapatla District, registered against the petitioners/Accused Nos.1 to 5 herein for the offences punishable under' 109(1 ), 49 I/w 3(5) of BharatI'ya Nyaya Sanhitha, 2023 (for brevity tine BNS"). I / `-.n / `tit---.. . -. 2. The case of the prosecut.ion iS that there are boundary disputes between the grandmother of the defacfo-compla'lnant and accused No.1 and his family members, due to which, two days prior to the alleged incident, an altercation ensued between them. on 30.03.2025, while the defacfo -COmPlainant Was in her house talk-lng with one Gavini Padathala Seshaiah, accused No.2 came there and called him. when the defacfo -complainant went there, accused Nos.1 to 5 abused him in filthy language, and accused Nos.2, 3, 4, and 5 beat the cJeracfo - complainant and hacked him With a knife Which Was used tO Slash Palm fruits. The deracfo -complainant Suffered Severe -Injuries. A person known {o the defacfo -complainant rescued him and shifted him to the Government Hospital for treatment. 3. Heard, learned counsel forthe petitioners and the learned Assistant Public Prosecutor. Perused the record. 4. Sri Akurathi Rama Krishna, learned counsel forthe Petitioners Submits that the petitioners have not committed any offence; petitioners are innocent; petitioners are the sole bread winners of the family; petitioners were falsely implicated by the deracfo -complainant in the case; petitioners would abide by any conditions to be imposed by this Court; and urged to enlarge the Petitioners on bail- 5. On the other hand, Sri NeelothpaI Ganji,I learned Assistant Publ'lc prosecutor, argued that the investigation is not yet completed and also submits ts7atZ7at-'`-- -`,> 'i_ E= i+-c that the defacfo -complainant suffered bleeding injuries. The petitioners have been irl the judl'Cial Custody for the Past 80 days. 6. Taking I'ntO consideration the nature Of the injurI'eS allegedly Suffered by the defacfo -complainant, the stage of the investigation and the period of the detention undergone by them in the judicial custody, the prayer of the petitioner Nos.1 to 3 and 5 is found convincing. However, the prayer of the petl'tioner No.4 is not found convincI-ng inaSmuCh aS there are three Previous antecedents against the petitioner No.4 in Cr.Nos.89, 90 and 105 of 2024. 7. In the result, the criminal petition insofaras petitioner Nos.1 to 3 and 5 are concerned iS Partly allowed with the following condI'tiOnS: i) The petitioners/ accused Nos.1 to 3 and 5 shall be enlarged on bail subject to the executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only), with two sureties each for the like sum each to the satisfaction of the learned Additional Junior Civil Judge Chirala/Additional Judicial Magistrate First Class, Chirala. ii) The petitioners/ accused Nos.1 to 3 and 5 shall appear before the Station House Officer, Chirala Rural Police Station, Bapatla District, on Saturday once in two weeks in between 10:00 am and 05:00 pm., till the conclusion of the Trial. _I-_--L F-.Ll-- iii) The petitioners/ accused Nos 1 to 3 and 5 sha" not directly or indirectly influence or threaten or meet the witnesses |lncluding the de-facto compla'lnant. sD/--SK MD,.RAFl I ASSISTAN I ''//+RUE COPY// For/ T&Gj! STRf'\R SECTION OFFICE_R Toll. The Additional Jun'lor Civn Judge, Chirala/ AdditlOnal Judic'lal Magistrate ' ofFirstClass, Ch'lrala, PrakaSam District 23 TThhee Ss:apt::lnntHe::::I;:i:Cnetrr,a:Ph::sa:an 'RNu:::rpe:I:c:Ss?a:oe::rBea::St::C:lstrlct ), (Erstwhile PrakaSam District) ig 45 ::eO CcCctsotoSRplu:LAl:ApKRR:SsHENcAu:orUR:AilgHhl :doVu:tCaotfe::dPhUraC]pradesh [OUT] 6. One spare COPY PSR <,z= I .i? u HIGH COURT DR.YLR,J DATED : 24/06/2025 BAIL ORDER CRLP.No.5753 of 2O25 PARTLY-ALLOWED **-.._--..