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2025 DAILYLAW 19968 (AP)

Teja Royal @ KamalapuramTeja v. The State of Andhra Pradesh,

CRLP/5781/2025 · 2025-06-30

A Hari Haranadha Sarma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

--3rsieesstZS `. lN THE HIGH COURT OF ANDHRA PRADESH AT A TUESDAY, THE FIRST DAY OF JULY f` TWO THOUSAND AND TWENTY FIVE :PRESENT.I THE HONOURABLE SRHUSTICE A. HARI HARANADHA y;hii;Riri¥=£ CRIMINAL PETITION NO: 5781 OF 2025 Betwee n : Teja Royal @ KamalapuramTeja, S/o. Kamalapuram Jaya Prakash, aged about 28 years R/o D.No. 13-8-72, Thathaiah Gunta, Tl-rupati, Tirupati (Urban), Tirupati District. Petitioner/Accused No.4 AND The State of Andhra Pradesh, Rep: by its Public Prosecutor, High Court ofAndhra Pradesh, Amaravathi, Through Station House Officer, Tirupatl' East Police Station, Tirupati, Tirupati Dl-strict Respondent/Comp[ainant Petition under sections 482 of BNSS (old 438 of Cr.P.C), praying that I'n the circumstances stated in the affl|davit filed in support of the criminal Petition, the High Court may be pleased to grant AnticI'PatOry Bail to the petitioner/Accused No. 4 in Crime No.135 of 2025 on the file of the Tirupati East Police Station, Tirupati District, in the event of his arrest. The petitI'On COml-ng on for hearing, upon perusing the petition and the grounds fl'led in support thereof and upon hearing the arguments of sri KANDERI CHETHAN, Advocate for the petitioner and of PUBLIC PROSECUTOR for the Respondent and the court made the following; ORDER: The petl-tioner I-s arrayed as accused No.4 in Crime No.135 of 2025 of Tirupathi East Police Station, Tirupathi District, which was registered `L;+Jfe€|T| -, `~ + with the allegation of committing the offences under sections 308(2),118 (1) I/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 [BNS]. 2. Present petition is filed with a prayer for grant of pre-arrest Bail, directing the concerned, to release the petitI-Oner in the event of his arrest in respect of crI-me mentioned, in terms of section 482 of the Bharatiya NagarI-k Suraksha sanhita, 2023 [BNNS] . 3. While denying the allegations as to committing robbery of ce" phone along with other accused alleged against the petI-tiOner, the petl-tioner prays for the relief of pre-arrest bail, submittI-ng that he is afraid of danger of arrest by the police, on the strength of inadmissI-ble confessI-On Of CO-accused. 4. petjtjonI Learned Assistant public Prosecutor strongly opposed the 5. Heard both side extensively. 6. Point for determination: whether the petI-tiOner/A4 is entitled for grant of bre-arrest bail in terms of section 482 of BNSS, in respect of crI-me No.135 of 2025 of Tirupathi police Station Tiruapthi District? If so, on what terms? fa-o-- 7. One T.V. Vishnu vardhan reported to police that on o8.04.2025, when he received informatI-On about the stomach ache to his friend DI-mesh, StayI-ng in Akahya p.G. HosplltaI, the informant along with his friend Narendra, went to Dinesh gave medjcjne, spent some time and while they were returning to home a{ about 2.15 a.m., two persons coming from Raya[aseema college side on a motor bl-ke dashed the ]'nformant party. when 1:he informant and his friend questI-Oned as to the assaI-ling party coming I-n Wrong route and hI|tting, they made a phone caw on wh[-ch four (o4) others came, beat the I-nformant party i`:`-/ indiscriminately with iron rod and a stone. In that processJ the iPhone 14 pro Max mobile of informant was also taken from the informant and on notllcing the police, sllren of the patrolling, the informant has been dragged into car, taken to an office and he was beat. All the accused including the petI'tiOner have threatened that everyone must know about the Azeem Gang and afraid of Azeem/A1. A3, in hl-s confessional statement macle to police mentioned the presence of the petI-tiOner/A4. Case of the Petitioner:- 8. He is innocent and is nothing to do with the aIIegatI-OnS made. Except inadmissible confession of the A3, there is no other basis to tag the petitioner to the present crime. Hence, the petitl-oner I-S entitled grant of the relief prayed for. JAlg umeE±: - 9. Learned public Prosecutor opposed granting of ba" contending that the role of the petitioner herein is clear from the statements of the witnesses recorded. six witnesses are examined and apprehension of some of the accused, including the petitioner is pending| Test Identification parade of the accused and getting of wound certifI-Gate Of the I-njured are also due. The case involving SectI-OnS 308(2),118(1) I/w sectI-OnS 3(10)(2),140 (4),311 r/w Section 3(5) of BfuS act. 10. With regard to identity of the accused, learned counsel for the petitioner would submit that the petI-tiOner Wi" not dispute his identity, and he is ready to cooperate with the police for I-dent:jfjcation parade etc., that may be arranged and he has permanent abode he wI-Il not flee away from the jurisdictional process of law. sisand conclusions:- ll. Material witnesses particularly the informant-vishnuvardhan and the person travelled along with him at the time of incident, Narendra \T and a friend Dinesh, for whose purpose the informant and his friend Narendra went, for supplying medicine are already examined. Specific need for custodial interrogation is not asserted. Therefore, at this stage, Prayer Of Petitioner for grant Of Pre-arrest bail, On the ground Of danger of arrest and on other parameters in the petition, found convincing. However, imposing conditions found necessary. point framed is answered accordingly, 12. In the result, the Criminal Petition is allowed, on the following conditions: i) Petitioner/A4 is directed to appear before the concerned station House Officer withI-n fifteen (15) days and on such appearance/surrender or arrest, he is entitled for release on bail, in respect of crime No.135 of 2025 of TirupathI- East Police Station, Tirupathi District, which was registered with the allegation of committing offences under sections 308(2),118 (1), RAV SectI-OnS 3(10)(2),140(4), 311 I/w 3(5) of the BNS, on the condition of the petI-tiOner executing bail bond for Rs.20,000/- with two sureties for a like sum each to the satisfaction of the SHO, TI-ruPathi East Police Station, Tirupathi District. ii) The petitioner/A4 and hI-S Sureties Shall furnish theI-r Permanent residential address details and identI-ty Particulars tO the COnCerned police and keep the police I-nfOrmed about the change in address, if any, time to tjmel iI-i) For the purpose of expeditI-ng the investigation process, the petI-tiOner/Accused is directed to appear before the concerned s.H.O., after release on bail on every saturday between 10.00 a.m. to 1.00 p.m for a perI-Od Of eight (08) weeks or till filing of the charge-sheet, whichever js earlierl iv) The petitioner shall cooperate with the I-nVeStigatI-On agency, by furnI-Shing necessary and legally permissible information and he shall -I not interfere with the investigation process like contacting or influencing the witnesses etc. v) Petitioner shall furnish a copy of his passport to the concerned police and they are at liberty to inform the passport authority about the PendenCy Of the Case against the Petitioner, if necessary, for taking appropriate action in terms of Passport Act,1967 against the petitioner| vi) The petitioner/A4 shall not leave India, wit:hout permission of the concerned Court. Sd/-A. VIJAY BABU //TRUE COPY// ASSISTAN2lEGISTRAR For ASSISTANT REGISTRAR To) 1. The Ill Additional Sessions Judge : : Tirupati 2. The Station HOuse Officer, Tirupati East Police Station, Tirupati DistrI|Ct 3. One CC to SRl. KANDERI CHETHAN Advocate [OPUC] 4. Two CCs to Public Prosecutor, High Court ofAP [OUT] 5. One spare copy KJ Note: Sections lf3(10)(2), 140(4) and 311"are added in the operative POrtiOn in Para No 12 of the order as per order of this court dated ll-07- 2025 in IA No.1 of 2025. Substitute this amended orcler in place of earlier order, which was dllspatched on o4|07|2025. `. . Sd/-A. VIJAY BABU ASSISTANT REGISTRAR HIGH COURT AHHS,J DATED..01/07/2025 ll.07.2025 BAIL ORDER AMENDED CRLP.No.5781 of 2025 ALLOWED igivas`. I i . <Asese