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2025 DAILYLAW 20391 (AP)

Nelapudi Yesu Ratnam v. THE STATE OF ANDHRA PRADESH

CRLP/6105/2025 · 2025-07-14

Y Lakshmana Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

\ > APHC010286082025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY,THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6105 OF 2025 Between: Nelapudi Yesu Ratnam, S/o Swamynadham, Christian, Male, Age 62 years. Senior Citizen R/o Panja Centre Narsapur-534 275, Narsapur Mandal West Godavari District ...Petitioner/Accused AND The State of Andhra Pradesh, Rep.by it's Public Prosecutor, High Court of Andhra Pradesh Amaravathi-522 239 ...Respondent/Complainant Petition under Section 482 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant anticipatory bail to the petitioner and to direct the respondent police to release the petitioner on bail in the event of his arrest in the above Crime No.30/2025 of Narsapur Town Police or direct the Hon’ble Additional Civil Judge (Junior Division)-cum-Additional Judicial Magistrate of First Class Court, Narsapur, West Godavari District to enlarge the petition on bail in the event of his surrender before the Hon’ble Court in the above Crime No.30/2025 of Narsapur Town P.S. with any condition. ■1 r Counsel for the Petitioner: Sri Saraschandra Babu Jakkamsetty Counsel for the Respondent: Sri Neelothpal Ganji, Assistant Public Prosecutor The Court made the following order: APHC010286082025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6105/2025 Between: 1.NELAPUDI YESU RATNAM, S/0 SWAMYNADHAM MALE, AGE 62 YEARS. SENIOR CITIZEN NARSAPUR-534 275, NARSAPUR MANDAL DISTRICT CHRISTIAN, R/0 PANJA CENTRE WEST GODAVARI ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, Rep.by it's Public Prosecutor, High Court of Andhra Pradesh Amaravathi-522 239 ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant anticipatory bail to the petitioner and to direct the respondent police to release the petitioner on bail in the event of his arrest in the above Crime No.30/2025 of Narsapur Town Police or direct the Hon’ble Additional Civil Judge (Junior Division)-cum-Additional Judicial Magistrate of First Class Court, Narsapur, West Godavari District to enlarge the petition on bail in the event of his surrender before the Hon’ble Court in the above Crime No.30/2025 of Narsapur Town P.S. with any condition and pass Counsel for the Petitioner/accused: 1.SARASCHANDRA BABU JAKKAMSETTY Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: i 2 ORDER: The Criminal Petition has been filed under Section 438 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.’)/ Sections 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to grant pre-arrest bail to the petitioner/Accused in Cr.No.30 of 2025 of Narasapuram Town Police Station, West Godavari District, registered against the petitioner/Accused herein for the offences punishable under Sections 118(1), 351(2) of Bharatiya Nyaya Sanhitha (for brevity B.N.S). The case of the prosecution is that, the de facto complainant 2. M.A.Samson Martin, has been working as a pastor in A class Church, Narsapuram and that the de facto complainant was transferred from said church but not completed his five years tenure. On 29.11.2024 one R.Navakumar was allotted as new Pastor in the said church. Then, the de- facto complainant filed W.P.No.329 of 2025, 1719 of 2025 in this Court. On 02.02.2025 at about 08.00 am, the de facto complainant went to church, the accused abused him. When the petitioner beat him on head with wooden box, he to stop him with left hand, it caused contusion injury on his left hand thumb finger and threatened to kill him with dire consequences due to some disputes. Basing on the complaint of the de facto complainant, this case was registered. Hence the F.I.R. Sri J.Sarachandra Babu, the learned counsel for the petitioner 3. submits that the petitioner is an elder member in the church and he is aged 3 - / about 62 years and he is a senior citizen and he was falsely implicated in this case and urged to grant pre-arrest bail to the petitioner. 4. Per contra, Mr.Neelotphal Ganji, the learned Assistant Public Prosecutor, opposed in granting of bail stating that investigation is not yet concluded; if the petitioner was granted pre-arrest bail, he will repeat the same offence and prays to dismiss the bail petition. 5. Perused the record. As seen from the record, the allegation against the petitioner who is 6. aged about 62 years, claiming to be senior citizen, is that he beat the pastor i.e. the de facto complainant. The grant of anticipatory bail is not a shield or protection to the person who is allegedly committed offence directly. So there are no merits in the Criminal Petition. Accordingly, the Criminal Petition is dismissed. However, on the 7. request of the learned counsel for the petitioner, liberty is given to the petitioner to surrender before the concerned jurisdictional Magistrate Court, within 15 (fifteen) days from today, and move an application for bail and on such filing of the application for bail, the concerned jurisdictional Magistrate is directed to dispose of the same as early as possible preferably within two (02) days, on its own merits. Sd/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Additional Civil Judge(Junior Division)-cum- Additional Judicial Magistrate of First Class Court, Narsapur, West Godavari District. 2. The Station House Officer, Narsapur Town P.S, West Godavari 3. One CC to Sri. Saraschandra Babu Jakkamsetty Advocate [OPUC] 4. Two CCS to the Public Prosecutor, High Court of Andhra Pradesh at Amaravathi [OUT] 5. Two CD Copies District Stu vna HIGH COURT DATED:15/07/2025 ORDER CRLP NO. 6105 OF 2025 DISMISSING THE CRIMINAL PETITION