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2025 DAILYLAW 20146 (AP)

GUTTURU CHINNA VENKATARAMUDU v. THE STATE OF AP

CRLP/5866/2025 · 2025-06-29

A Hari Haranadha Sarma

body2025

Judgment text

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I 3520] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI I Between : AND MONDAY ,THE THIRTY DAY OF JUNE # TWO THOUSAND AND TWENTY FIVE / :PRESENT: ONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA CRIMINAL PETITION NO: 5866 OF 2025 f/ Gutturu- Chinna Venkataramudu, S/o. G. Ramanna, aged about 70 years, Occ: Agriculture; R/o'. Door No.2-136, Munimadugu Village, penugonda MandaI, Sri Sathyasai District, Puttaparthi, A.P. ~ Petitioner/Accused No.1 The State of Andhra Pradesh, Through Kotha Cheruvu Poll-ce Station; sri sathyasai District, Puttaparthi, Rep. by its Public Prosecutor, High Court of AP at Amaravati. Respondent/Comp]ainan€ Petition under Section 482 of Cr.P.C & 482 of BNSS is filed praying that in the circumstances stated in the affidavit filed in support of the criminal petition, the High Court may be pleased to grant anticipatory bail to th6 Petitioner / Al in the event of their arrest in connection with Crime No. 38 of 2025 dated: 21.05.2025 under Sections 126(2),118(1), 54 r/w 3(5) BNS Act on the file of Kotha Cheruvu U P.S I;olice Station, Sri Sathyasai District. / [ANO: 1 OF2025 Petition under Section 482 of cr.p.c & 482 of BNSS is filed praying that in the circumstances stated iny the affidavit fl'led in support of the petitionu, the High Court may be pleased to grant interim direction baI'I to the Petitioner / Al in the event of his arrest in c6nhectI'On With Crime No. 38 of 2025 dated: 21~.05.Zo25 under Sections 126(2),118(1), 54 r/w 3(5) BNS-Act on the file oi Kotha Cheruvu U P.S Police Station, SrI-Sathyasai District., Pending dispasat~ of CRLP 5866 of 2025, on the fI'Ie of the High Court. The petition/Appeal coming on for hearing, upon perusing the petition and the grounds filed in support thereof and upon hearing the arguments of Sri SUDHAKARA RAO AMBATI Advocate for the Petl'tioner, PUBLIC PROSECUTOR (AP) for the Respondent and the Court made the following. • ..se THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA CRIMINAL PETITION NO: 5866/2025 ORDER: 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.38 of 2025 of Kotha Cheruvu Police Station, Sri Sathyasai District, which was registered with the allegation of committing the offences under Sections 126 (2),118(1), 54 r/w 3(5) of the Bharatiya Nyaya Sanhita (BNS). lt is reported that Section 238 (a) and 109 (1) BNS are added and Section 118 (2) is clikely to be added. But, at a time of remand of accused No.3, Section 109 (1 ) of BNS Act is shown. 2. The petitioner/accused while denying the allegations claimed that his age is 70 years having good reputation in the area and prays for directions to release on Bail, in the event of arrest. 3. Heard both sides. 4. Point for determination: Whether the petitioners/Accused No.1 is entitled for grant of pre- arrest bail in terms of Section 482 of BNSS? If so, on what terms? Point: 5. The case of the prosecution, in brief, is that there are pre-existing disputes between Accused No.3, K. Manohar, and the informant, Neeruganti ~.ffr c st'_ _ Anjanayulu @ Bhenisha, pa_rticularly concerning certain agricultural lands and mango trees and a criminal conspiracy was hatched to eliminate the informant. ill) On 20.05.2025, while the I'nfOrmant Was travelling On his motorcycle, two unknown persons riding a two-wheeler came and hit the motorcycle on which the informant was travelling at that time one more person was present there pl'cking up onions on the road. Those three persons alleged to have attacked the informant with stones, causing injuries to his head, eye brow, and right hand. Upon noticing people approaching, they ran away from the scene. iii) lt is further alleged that Accused No.2, is the brother-in-law of Accused No.3 (K. Manohar). He is said to be an associate of Accused No.1. Accused No.3 made a confession I'ndiCating the role of all accused persons and conspiracy to eliminate the informant. The case of the petitioner.- 6) The petI'tiOner, Who iS arrayed aS Accused No.1, firmly denied the allegatI'OnS and Submits that even aS Per the PrOSeCutiOn'S Version, there iS nO direct role attributed to him at the time of the incident. The only alleged link to the offence I-s an I-nadmissible and confession made by Accused No.3. The PetI-tiOner iS 70 years old, has a permanent residence, and he is willing to cooperate fully with the investigation and abide by any conditions imposed by this Court. He contends that he has been falsely implicated in the present h`Ja| '<\- case, d.ue to the ongoing civil disputes between the informant and Accused J| No.3. The presence of accused No.1 during the incident is neither reflected in the complaint annexed to the FIR nor in the remand report referring to confession of accused No.3. 7) The incident is occurred on 20.05.2025, the FIR was registered on 21.05.2025 for offences under Sections 126(2),118(1), and 54 read with Section 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023. Additional sections, including 238(a) and 109(1), were added subsequently. The learned Public Prosecutor further submitted that seven witnesses are examined, and the investigation is still pending, receiving of wound certificate is awaited and injured is discharged from the hospital. 8. Uporl considering the facts and circumstances of the case, the nature and depth of the allegations, the prayer for grant of pre-arrest bail found convincing. 9. In the result, the Criminal Petition is a[[owed, on the following conditions: i) Petitioner/Accused No.1 is directed to appear before the COnCerned Station House Officer within fifteen days a.nd on such appearance/Surrender Or arrest, he iS entitled for release On bail, in respect of Cr.No.38 of 2025 of Kotha Cheruvu Police Station, Sri Sathyasai District, which was registered with the allegation of committing offences under RE1 I---5--a1 _ sections 126 (2),118(1), 54 r/w 3(5) of the Bharatl|ya Nyaya Sanhita (BNS), on the condition of the petitioner/Accused No.1 executing bail bond for Rs.20,000/-with two sureties for a like sum to the satisfaction of the s.H.O., Kotha Cheruvu Police Station. ii) The petitioner/Accused No.1 and his sureties shall furnI'Sh 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. Ifl') For the purpose of expediting the investigation process, the Petitioner/Accused No.1 is directed to appear before the concerned s.H.O., after release on bail on every Saturday between 10.OO a.m. to 2.00 p.m for a period of six (06) weeks or till filing of the charge-sheet, whichever is earlier. iv) The petitioner/Accused Noll shall c-operate with the investigatI'On agency, by furnishing necessary and legally permissible information and he shall not interfere with the investigation process like contacting or influencI'ng the witnesses etc. v) The petitioner/Accused No.1 shall not leave India, without permission of the concerned Court. sD/- K. KASIRAO ACHAR! ASSISTA SECTl //TRUE COPY// NoZREFF l[ ScTERRA R To, ~/ 1. The Station House Officer, 'Kotha Cheruvu U P.S Police StatI'On, SrI| Sathyasai District. 2. One CC to SRl. SUDHAKARA RAO AMBATI Advocate [OPUC] 3. Two CCs to Public Prosecutor (AP) High Court ofA.P., Amaravati [OUT]- 4. One spare copy \<-'< -,` - HIGH COURT AHHS,J DATED : 30/06/2025 BAIL ORDER CRLP.No.5866 of 2025 ALLOWED