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2025 DAILYLAW 20045 (AP)

Eeswi Rama Krishna Reddy, v. The State of Andhra Pradesh,

CRLP/5862/2025 · 2025-06-29

A Hari Haranadha Sarma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

`------i ,+` irREi3RA£RA lN THE HIGH COURT OF ANDHRA PRADESH AT I || MONDAY, THE THIRTY DAY OF JUNE TWO THOUSAND AND TWENTY FIVE :PRESENT: HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA CRIMINAL PETITION NO: 5862 OF 2025 Between : Eeswi Rama Krishna Reddy, S/o E.Obi Reddy, Aged about 43 years, R/o 2/24, Hosuru Village, Pathikonda, Hosur, Kurnool District. ...Petitioner/Accused AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi, Nelapadu, Guntur District. ...Respondent Petition under Section 482 of BNSS & U/s.438 of Cr.P.C. is filed praying that in the circumstances stated l'n the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioner on Anticipatoiy Bail in the event of his arrest in Crime in FIR No.6 of 2025 on the file of Pathikonda Police Station, KurnooI 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 AKULA SRI KRISHNA SAI BHARGAV Advocate for the Petitioner, and of PUBLIC PROSECUTOR for the Respondent, and the Court made the following ORDER: _ _.-y'_.--I :+ a-++i a THE HONOURABLE SRI_JUSTICE A. HARI HARANADHA SARMA CRIMINAL PETITION NO: 5862/2025 ORDER: 1. This is an application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of pre-arrest Bail. The petitioner is arrayed as Accused No.1 in Cr.No.6 of 2025 of Pathikonda Police Station, Kurnool District, which was registered with the allegation of committing the offences under Sections 120-B, 420, 406, 506. r/w 34 IPC against the petitioner/accused No,1 and two others. 2. While denying the allegations made against him, the petitioner/accused prays for grant of pre-arrest bail. 3. Heard both sides, 4. Point for determination: Whether the petitioner/Accused No.1 is entitled for grant of pre- arrest bail in terms of Section 482 of BNSS?, lf so, on what terms? Point: Case of Prosecution:- 5. The brief case of the prosecution is that the informant, K. Ramudu, is a farmer owni,ng thirty acres of agricultural land. The petitioner/Al is a trader who had financial transactions with the complainant involving the procurement of groundnut crops for the years 2020 and 2021. lt is alleged that the petitioner, along with co-accused D. Raghunatha Reddy and Rangamma, |_---> __ \ failed to pay the agreed consideration for the Produce Supplied and, further, ~| crI-minally intimidated the complainant when a demand for settlement was made on 06.08.2021. Hence, the petitioner/accused No.1 is liable for Prosecution and punishment for the offence under which the case has been registered. The case of petitioner: 6 The petitionercontends thatthe dispute is civil in nature and section 35 of the BNSS, 2023, which mandates that police must issue notice before arrest in cases punishable with less than seven years have not been followed. As per guidell'nes of Amesh Kumar v. Sfafe ofB,-bar, (2014) 8 SCC 273, which direct that arrests in such offences should not be automatic. In respect of accused Nos.2 and 3, the application for pre-arrest bail was considered but in respect of the present petitioner, the same was dismissed. Hence, the petitioner is afraid of arrest and the consequent hardship that may be caused, therefore prays for relief under section 482 of the BNSS. 9. Upon considering the facts and circumstances of the case and the nature of the allegations, the prayer for grant of pre-arrest bal'I found convincing. 10. ln the result, the criminal Petition is allowed, on the following conditions: i) Petitioner/Accused is directed to appear before the concerned station House Officer within fI'fteen (15) days and on such appearance/surrender or arrest, he is entitled for release on. bail, in respect of it.JJ h`T'; i ¢T3iJenF="-i-;- e}2jB# FT3EEEEHKEng Crime No.6 of 2025 on the file of Pathikonda Police Station, Kurnool District, (. which was registered with the allegation of committing offences under Sections 120-B, 420, 406, 506 r/w 34` lPC, on the condition of the petitioner/Accused executing bail bond for Rs.20,000/- with two sureties for a like sum to the satisfaction of the S.H.O., Pathikonda Police Station. ii) The petitioner/Accused and his sureties shall furnish their permanent residential address details and identity particulars to the concerned police and keep the police informed about the change in address, if any, time to time. iii) For the purpose of expediting the investigation process, the Petitioner/Accused is directed to appear before the concerned S.H.O., after release on bail on every Saturday between 10.00 a.m. to 2.00 p.m for a period of six (o6) weeks or till filing of the charge-sheet, whichever is earlier. iv) The petitioner/Accused shall c-operate with the investigation agency, by furnishing necessary and legally permissi-ble information and he shall not interfere with the investigation process like contacting or influencing the witnesses etc. v) The petitioner/Accused shall not leave India, without permission of the concerned Court. SD/- K. KASIRAO ASSISTANT Sic //TRUE COPY// ACHAri! , fSTRAR lON OFFICER __ -----------i To, 1. The Station House Officer, Pathikonda Police Station, Kurnool District. 2. One CC to SRl. AKULA SRI KRISHNA SAI BHARGAV,Advocate [OPUC] 3. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh. [OUT] 4. One spare copy KN HIGH COURT AHHS,J DATED :30/06/2025 ORDER CRLP.No.5862 of 2025 ALLOWED