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2025 DAILYLAW 20762 (AP)

TURAKA KISHORE v. THE STATE OF ANDHRA PRADESH

CRLP/5988/2025 · 2025-07-06

K Sreenivasa Reddy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

_A jlP' /i \ S` IN THE HIGH COURT OF ANDHRA PRADESH AT AMARA MONDAY ,THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE : PRESENT: '`¥+`t,+ THE HONOURABLE SRI JUSTICE K SREENIVASA REDO CRIMINAL PETITION NO: 5988 OF 2025 Between : AND [3327] =i't±-i;ca;ii€j(* :.fS :.'J=-g¥7S: Turaka Kishore, s/o Krishna Aged about 36 years, occ:. BusI|neSS R/o santhi Nagar,vN Devj Residency Macherla, palnadu District. I Petitioner/Accused No.1 I;l= The State ofAndhra pradesh, Rep. by its pubI[-c Prosecutor High Court of Andhra pradesh. Respondent/complaI-nant petition under section 480 & 483 of BNSS I'S filed praying that in the circumstances stated in the affidavit filed in support of the criminal petition, the High Court may be pleased to enlarge the petitioner/Accused No. 1 by grantl.ng regular bail in crime No. 75/2025 on the f['Ie of Macherla Town Police Station, palndu District . The pe{l-I-ion/Appeal coming on _for hearing, upon perusing the petition and the grounds fI-led in support thereof and upon hearing the arguments of sri RAMALAKSHMANA REDDY SANEPALLI Advocate for the petitioner, PUBLIC PROSECUTOR (AP) for the Respondent and the court made the following. ' `-. `i i.=\`= a_ _*. APHCO10292472025 lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (special original Jurisdiction) MONDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE [3327] PRESENT THE, HONOURABLE SRI JUSTICE K SREENIVASA REDDY PETITION NO: CRIMINAL Between : 1.TURAKA K[SHORE, S/O KRISHNA AGED ABOUT 36 YEARS, occ. BUSINESS R/O SANTHI NAGAR,VN DEVI RESIDENCY MACHERLA, PALNADU DISTRICT ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, Rep. by its Public prosecutor High Court of Andhra Pradesh. u.RESPONDENT/COMPLAINANT pet'ltion under section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that 'ln the circumstances stated in the Memorandum Of Grounds of crim|lnal petition, the High Court pleased tO enlarge the petit-loner/Accused No. 1 by granting regular ba" in Crime No. 75/2025 on the file of Macherla Town Police Station, Palnadu District and Pass counsel for the petitioner/accused: 1. RAMALAKSHMANA REDDY SANEPALLI counsel for the Respondent/COmPlainant: -1.PUBLIC PROSECUTOR The Court made the fOllOWing|. ORDER: --=i This Criminal Petition, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023j has been filed by the Petitioner/A1, I _i 2 seeking bau in crime No.75/2025 of Macherla Town police Statl'on, Palnadu District. 2. A case has been registered agal'nst the petI'tiOnerand others for the offences under sections 386, 327, 307, 447, 427, 290, 109 I/w 34 IPC and section 4 ofA.P.Land Grabbing (prohjbitjon) Act,1982. 3. case of the prosecutI®On, I'n brI®ef, js that, the complal-nant/chaIIa sI'Va Kumar stated that he works as a lorry driver and has two married daughters and a son, who I'S nO more. The Government allotted hj-m Ac.0.011/2 Cents Of land in Gowda colony ,'n the year 2009 and another Ac.0.011/2 Cents tO his daughter/NagaranI' I'n the year 2014. His daughter, Nagaranj bul'lt a house and compound wa" jn her plot and later, moved to vijayawada in the year 2018. Since then, the complainant and hI'S Wife were living in that house. As a TDP worker, his land caught the attention of ysRCP LeaderITuraka Kishore i.e., the petitI'Oner/A1. The petitioner and his associates threatened him to vacate and transfer the land. on o5.6.2023 at ll.-00 p.m, they attacked the complainant wl-th weapons, caused injury to hI'm and demolished the house. Fearl-ng for hI-S ]I'fe, he fled to vijayawada without giving a report. The petitioner/Al l'llegally occupied the land and built a new structure. on 12 5.2025 at 9.00 p.m, the complainant lodged a report before Macherla urban police. BasI|ng On the strength of report, a case was registered agal-nst the accused in crime No.75/2025 under sections 386, 327, 307, 447, 427, 290,109 I/w i+_ 'T 3 34 lPC and Section 4 of A.P Land Grabbing Act, 1982. The Police produced the petit-loner/Al in this Case On PT Warrant and he Was remanded to judicial custody on 15.5.2025. 4. Heard learned COunSel for the Petitioner and learned Assistant public prosecutor for the respondent-state. perused the record. 5. Learned Assistant Public Prosecutor Submits that the injury sustained by the defacto complainant is gr-]evous in nature and some more witnesses are required to be exam'lned and therefore, prays to dismiss the Grim-lnal Petition. 6. Learned COunSel for the Petitioner Submits that the Petitioner iS in judic'lal custody from 15.5.2025 i.e. for more than 50 days, but POliCe did not file charge sheet/final report by concluding the investigation. ln view of the same] learned counsel brays to allow the criminal petit|]on. 7. A perusal Of material available On record goes tO Show that a Case has been registered against the petitioner and others w-[th regard to immovable property. [t is alleged that the petitioner and h'ls associates threatened the persons effected and transferred the immovable property in their name and dur-lng that time, there occurred an attack on the defacto complainant and others. The pet'ltiOner Was arrested On 15.5.2025. Twice the Case has been adjourned for Want Of Wound certificate of the defacto complainant, but it has not been placed before the Court. I _ 4 8. In view of the aforesaid facts and circumstances of the case, s[-nee major portI'On Of the investjgatl'on is completed and as the petjtjoner has been languishing jn jaI'l for more than 50 days, this court js I-nCIjned to grant bail to the petitioner herel'n, on the following conditions.| (i) The petitioner/Al herein sha" be released on his executing a personal bond for Rs.10,000/-(Rupees ten thousand only) with two sureties for a like sum each to the satisfaction of the learned Additional Junior cI'Vil Judge, Macherla; (ji) on release, the petitioner shall appear before the station House officer concerned once in a week i.e. on every sunday between 10.00 a.m. and o5.00 p.m., tj" filing of charge sheet. 9. Accordingly, the criminal petition is allowed. SD/-P.VINOD KUMAR AS S I STAZ3EGISTRAR //TRUE COPY// SEC"ON OFFICER I To, 1. The AdditI'Onal Junior civil Judge, Macherla. 2. The Superintendent, Guntur Jail, Guntur. 3. The Station House officer, Macherla Town Police Station, palndu DistrI-Ct . 4. One CC to SRl. RAMALAKSHMANA REDDY SANEPALLI Advocate [OPUC] 5. Two CCs to Public prosecutor (AP) Hl-gh Court ofA.P., Amaravatj [OUT]. 6. One spare copy i\ HIGH COURT SRK,J DATED : 07/07/2025 BAIL ORDER CRLP.No.5988 of 2025 ALLOWED