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High Court of Andhra Pradesh · body

2025 DAILYLAW 20131 (AP)

B. Sivaji, v. The State of Andhra Pradesh

CRLP/5869/2025 · 2025-06-24

A Hari Haranadha Sarma

body2025

Judgment text

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JJ- ur2--ir-i-1| IN THE HIGH COURT.OF ANDHRA PRADESH AT AMARAVA WEDNESDAY Tl+E= T`^,rLIT`, I_.___ _ _ I.,_I .[`A rr`AL,t=Ofl AT AMAR/ WEDNESDAY ,THE TWENTY FIFTH DAY OF JUN TWO THOUSAND AND TWENTY FIVE .-PRESENT.I THE HONOURABLE SRI JUSTICE A. HARI HARANADHA CRIMINAL PETITION NO.I 5869 OF 2025 Between.I 1. B. sl'vajl', s/o Sangaml-thra R/o Chl-ttoor District. Late Bangarappa, Aged about 48 years, occ- Door No. 3-49, Noolukunta village, Kuppam MandaI, 2. V. Bharathl, w/o B sl'vajI, Aged about 45 years, occ- Anganwad, worker, R/o Door No.3-49, Noolukunta vlllage, Kuppam Mandal, ChI-ttOOr DI-Strl-ct. AND Petl-tioners/Accused 1 & 2 The state ofAndhra pradesh, rep., by its pubI,c Prosecutor, High court Bujldl'ngs, Amarava{hi. Respondent pet,'tl|on under sectIOn 482 of BNSS (438 of cr.p.c.,) praylng that ln the clrCumstances stated in the affldavlt flled ln support of the crl-ml'nal pet,'tI-On, the High court may be pleased to enlarge the petl'tIOners on Antlcl'patory Ba" ln the event of thelr arrest Jn Cr.No 93/2025 on the flle of the Kuppam urban poll'ce station, chittoor DistrI-Ct, in the event of hI'S arrest couNSEL FOR THE PETmoNER SRl. V R REDDY KOWURJ couNSEL FOR THE RESPONDENT PUBLIC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER I--`. ,.-..',.---.:-` -,s' :-. THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA CRIMINAL PETI"ON NO: 5869 OF 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 petitioners are arrayed as Al and A2 in Cr.No.93/2025 of Kuppam Urban Police Station, chittoor District, which Was registered With the allegation of co.mmitting the offences under sections 74, 351(1) I/w 3(5) of Bharatiya Nyaya San`hita (BNS). 2. The petitioners pray for directions tO release On Bail, in the event of arrest. 3. Heard both sides. 4., paint for determ'InatiOn: whether the petitioners/Al and A2 are entitled for grant of pre-arrest bail in terms of Section 482 of BNSS? lf so, on what terms? Point: 5. The allegations against the Petitioners, in brief, are that the lst petitioner is working as a sangamithra in-charge for 40 Dwakra groups in Noolukunta panchayat. There are certain allegations as to some malpractices, ln respect of conducting audit as to the activities of the Dwakra Groups, the Informant- s.Kavitha is entrusted with that tasks and When She requested for cooperation ancl supply of books etc. for audit, the Petitioner misbehaved and insulted her. The pet-ItiOnerS also abused her in filthy language over phone and even threatened that how the informant will come to Kuppam. The informant is | \--? + '+ THE HONOURABLE SR.I JUSTICE A. HARI HARANADHA SARMA CRIMINAL PETl"ON NO: 5869 OF 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 petitioners are arrayed as Al and A2 in Cr.No.93/2025 of Kuppam Urban Police Station, Chittoor District, which was registered with the allegation of committing the offences under Sections, 74, 351(1) r/w 3(5) of Bharatiya Nyaya San`hita (BNS)- 2. The petitl-oners pray for directions to release on Bail, in the event of arrest. 3. Heard both sides. 4.. Point for determination: Whether the petitioners/Al and A2 are entitled for grant of pre-arrest bail in terms of Section 482 of BNSS? lf so, on what terms? Point: 5. The allegations against the petitioners, in brief, are that the lst petitioner is working as a Sangamithra in-charge for 40 Dwakra groups in Noolukunta Panchayat. There are certain allegations as to some malpractices. ln respect of conducting audit as to the activities of the Dwakra Groups, the Informant- s.KavI-tha iS entrusted With that tasks and When She requested for cooperation ar'd supply of books etc. for audit, the petitioner misbehaved and insulted her. The petitioners also abused her in filthy language over phone and even threatened that how the informant will come to Kuppam. The informant is 2 ' afraid of danger to herself- and her family members in the hands of th& /I petitioners/Al and A2. 6. The petitioners/Al and A2 denied all the allegati6ns and submitted that the case is foisted with false allegations due to other differences and local pol|ltics and that the allegations against the petit|loners are baseless. The petitioners further submitted that police are chasing them and they are afraid of danger of arrest. Hence, they deserve the relief Of grant Of ba'll in the event of arrest. 7. Learned Assistant Public Prosecution, formally opposed the ba|ll application contending that the allegations are well founded and the petitioners does not deserve grant of pre-arrest bail. Further it is submitted that (4) witnesses Were examined and the Pet-lt'lOnerS are ,found abscond-lng and certain informat®lon is necessary to ascertain by the police from the petitioners. Answering the Same, learned COunSel for the Petitioners Submitted that the petit'loner are ready to cooperate with the Police for inveStigat-Ion etC.. 8. Upon considering the facts and Circumstances Of the Case, the nature and depth of the allegations, the Prayer for grant Of Pre arrest bail found conv'lncing. 9. ln the result, the Criminal Petition -ls allowed, On the follow-lng conditions: 1) Petitioners/Al and A2 shall be released On bail in' the event Of their arrest in respect of cr.No.93/2025 of Kuppam Urban Police Station, which was registered with the allegation of committing offences under sections 74, s.:try--:--3- -i_ I...`a #151(1) r/w (5) of Bhara{iya Nyaya Sanhita (BNS), on the condition of Jf Petitioners/Al and A2 executing bail bonds for Rs.20,000/- each with two sureties each for ; like sum {o the satisfaction of the s.H.O., Kuppam Urban Police Station. 2) The Petitioners/Al and A2 and their sureties shall furnI'Sh their Permanent residential address details and identity particulars to the concerned police aid keep the police informed about the change in address, if any, time to time. 3) For the purpose of expediting the investigation process, the Petitioner No.1/Al is directed to appear before the concerned s.H.O., after release on bail on every alternative Saturdays between 10 a.m. to 2.00p.m. for a period of (8) we;ks or ti" filing of the charge sheet, whichever is earlier. 4) The petitioners/Al and A2 shall co-operate with the investigation agency, by furnishing necessary and legally permissible information and they shall not interfere with the investigation process like contacting or influencing the witnesses etc. 5) The petitioners/Al and A2 shall not leave India, without permission of the concerned Court. //TRUE COPY// s DI_K. TL\T_A_R_Pe _ __ I - DEPUTY sECT\ Toll The AddltlOnal Dlsmct & SesSIOnS Judge, Ch`ttoOr 2 The StatlOn House Off`Cer, KuPPam Urban PoltCe Stat`On, ChlttOOr 3 OD=s="cC\c to sR\ V R__RAE_DrDr:\TKnORWH+qRh\ cAoduVriOCo##\ District 43 TOINnOeCCcCs \\oe =S±R^=`+\Vc KpRnOLsuEvClu+€R` H\gh Court Of A P\Ou" 5. One spare COPY HIGH COURT AHHS,J DATED: 25/06/2025 BAIL ORDER CRLP.NoI5869 of 2025 ALLOWED if¥t`*ifu'%:?#.I--:-1