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2025 DAILYLAW 20503 (AP)

Subbu Madiga @ Subbu @ Kota Subbarao, v. The State of Andhra Pradesh

CRLP/5932/2025 · 2025-06-24

Y Lakshmana Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE :PF3ESENT= THE HONOURABLE DR JUSTICE Y. LAKSHMANA RA CRIMINAL PETITION NO: 5932 OF 2025 Betwee n : 1. Subbu Madiga @ Subbu @ Kcta Subbarao, S/o. John, Hindu, Aged about 39 Years, Door No.5-92, Gowtham Nagar, Madigepalle, Pasumarru, Chilakaluripet Mamjal. Palnadu District. 2. Gundala Nagesh @ Gundala Nageswararao, S/o.Subbarao, Hindu, Aged about 39 Years, Dc!'®r NO.12-1-174/B, Shalem Nagar, Narasaraopet Town and Manrdali+. t` `< ]]I. Petitioners/Accused Mos.6 &7 •:,Arab The State of Andhra Pradesh, rep.`vb`~/ its Public Prosecutor, High Court at Amaravathi , -. I.I Respondent#~ Petl'tion under Section 438 Jot Cro:p.c and u/s 482 of BNSS, 2023 is filed praying that in the circumstance_s stated in the affidavit filed in support of the Criminal Petition, the HI'gh Court may be pleased to direct release the petitioners on bail in the event of thleir arrest pursuant to registration of crime (FIR) No. 330 of 2020 of ChilakaluriFj-let Town (Urban) Police Station, Palnadu District, pending I'nVeStigatiOn7 enquir\j' aha trial, The petition coming on for he`ariElg, upon Perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of SRI MD SALEEM Advocate for the petiticmei:cbp, 'Assistant Public Prosecutor for the respondent and the court made the fo`i}owing. ORDER gfuTfu±r3FF¥zl¥?_=_I:-i_f`i€~=*E_1'`±::,`i-=-i?.SEI-¥ =`:r|.lzLiJ I / I:r |=ZZb APHCO10287462025 E EJiJ lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (special original Jurisdiction) WEDNESDAY ,THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5932/2025 [3521] Between : 1.SUBBU MADIGA @ SUBBU @ KOTA SUBBARAOu S/O. JOHN, HINDU, AGED ABOUT 39 YEARS, DOOR NO.5-92, GOVVTHAM NAGAR, MADIGEPALLE, PASUMARRU, CHILAKALURIPET MAN'DAL. PALNADU DISTRICT. 2.GUNDALA NAGESH. @ GUNDALA NAGESWARARAOu S/O.SUBBARAO, HINDU, AGED ABOUT 39 YEARS, DOOR NO,12-1- 174/B, SHALEM NAGAR, NARASARAOPET TOWN AND MANDAL. ...PETITIONER/ACCUSED(S) AND . 1.THE STATE OF ANDHRA PRADESH, rep.by its Public Prosecutor, High Court at Amaravathi, .URESPONDENT/COMPLAINANT The Court made the following: ORDER: The Criminal Petition has been filed under Section 438 of the Criminal Procedure Code, 1973 and under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by the petitioners for granting of pre-arrest bail in connection with crime No.330 of 2020 of Chilakaluripet Town (Urba) Police `'-~ i` lip station, palnadu District, registered for the alleged OffenCeS Pun'lShable under sections 306 read With 34 of the Indian Penal Code, 1860. 2. Facts, -ln brief, Of the Case arethatOn 20.10.2020, at about ll.00 p.m. at Gandhipeta, ChilakalurIPet town, the COmPlainant, Nampalli Mastana[ah, reported that his brother, the deceased NamPalll Mastana'lah @ Bujji Of Maddirala Village, ChllakaluriPet Mandal, had earl'ler developed an 'llllCit relationship with one Nagurbl from SattenaPalli town Subsequently, Subbu Madiga/Accused No.6 and- Gundala NageSh/Accused No.7 allegedly demanded money from the deceased's family to termlnate the relationsh'lp, threatening to tarnlsh the family's reputation if their demand was not met. They further PreSSured the deceased tO commit Suicide if he Was unable tO provide the money. As a result Of this coercion and humiliation, the deceased ended his "fe by hanging himself in his tailor shop near the Indian overseas Bank in Gandhipeta, ChilakaluriPet town. 3 Heard learned COunSel for the PetltiOner and the learned Assistant public Prosecutor. Perused the record. 4. Sri Md Saleem, learned COunSel for the Petitioners, Submits that they are sole bread winners of their family. The petit'lOn6r\s` have not committed any offence and they were falsely lmpllcated ln thls case. The petitioners WOuld abide by any condition to be imposed by th'[s collrt. 5 Per cor7£ra, Mr NeelotPhal GanJi, the learned Assistant_ Publlc prosecutor, opposed ln grantlng of ball stat'Ing that the some more materlal i-;,.,i ffa r=_ witnesses have to be examined; investigation is not completed; if the petitioners are enlarged on bail, they would not be available for the I-nVeStigatiOn and they would escape from the clutches of law; and urged to \\ dismiss the bail.petition. \} 6. Taking into account the gravity of the allegations levelled against the Petitioners, who acted merely as mediators in between Accused No.1 and deceased and in view of above facts and circumstances of the case, this Court is inclined to consider request of petitioner for grant of anticipatory bail, 7. Accordingly, this criminal petition is allowed with the fo['lowing directions: a) ln the event of arrest of t'he petitioners, the petitioners shall be enlarged on bail on executing a personal bond for a sum of Rs.10,000/-(Rupees ten thousand only), with two sureties each for the like sum each to the satisfaction of the arresting police officials; b) The petitioners shall make themselves available for 'lnvestigation as and when required; c) The petitioners shall not cause any threat, inducement Or promise {o-I-he prosecution witnesses; d) The pet'ltioners shall appear before the Station House Officer concerned once in a week i.e., on every Saturday between 10.00 a.m. and 05.00 p.m., till filing of the charge sheet. '\ ii= I e) The petltlOnerS ShaH not leave the dlStrLCt llmltS WlthOut the express permlsslon from the statlon House Offlcer COnCerned. AccordinCllV. the Criminal Petition iS allowed. I ITFTX3E-COPY I I 'J,! AS1( ASSiSTA SECT S D/--sK _fV!D R,£\IL-i SECT [uN urr lv|_I ` To, 1. The X Additional District & SesSi6ns Juge: Gurazala. 2. The Chilakaluripet Town (Urban;;-.police Station, Palnadu District . 3. One CC to SRI. MD SALEEM Ac!vocate [OPUC] 4. Two CCs to PUBLIC PROSECUTOR, High Court ofAndhra Pradesh.[OUT] 5. One spare copy ksr ;;-is\-..i.{` HIGH COURT DR.YLR, J DATED : 25/06/2025 BAIL ORDER CRLP.No.5932 of 2025 ALLOWED