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2025 DAILYLAW 21140 (AP)

Talla Ganesh v. The State of Andhra Pradesh,

CRLP/6111/2025 · 2025-06-29

K Sreenivasa Reddy

body2025

Judgment text

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[N THE HIGH COURT OF ANDHRA PRADESH AT AfV[ARAVAI MONDAY ,THE THIRTY DAY OF JUNE TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 6111 OF 2025 Betwee n : 1. TaIIa Ganesh, S/o. Nageswara Rao, aged 30 years, R/o. Peravaram Village, Atreyapuram (M). Dr. B. R. Ambedkar Konaseema District. 2. Matha Prakasam @ Appanna, S/o. Prakasam, aged 22 years, R/o. Peravaram Village, Atreyapuram (M). Dr. B. R. Ambedkar Konaseema District. 3. Talari Ajay Kumar, S/o. Pra'sad, aged 19 years, R/o. Peravaram Village, Atreyapuram (M). Dr. B. R. Ambedkar Konaseema District. i;t`- Petitioner/Accused 2,10 & 14 AND The State of Andhra Pradesh, Through Station House Officer, Atreyapuram Police Stati``on,` Dr.B.R.Ambedkar Konaseema District,` Represented by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. Respondent/Complainant Petition under Section 482 of BNSS is filed praying that in the circumstances stated in the affidavi't filed in support of the Grim-lnal Petition, the High Court may be pleased ilo grant anticipatory bail to the petitioners herein, in the event of their arrest,`ih connection with crime No. 249 of 2024 of AIreyapuram Police Station, Dr. B.R. Ambedkar Konaseema District registered for the offences u/s. 329(4),118(1),109 and 351(2) r/w.190 of BNS- 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 RAMESH BABU TALLUR! Advocate for the Petitioners, PUBLIC PROSECUTOR (AP) for the Respondent and the Court made the following. EEg±J:j7/, / APHCOIO298812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original JurisdictI-On) MONDAY, THE THIRTIETH DAY OF JUNE TWO' THOUSAND AND TwENTY FIVE [3327] PRESENT THE HONOURA'BLE SRI JUSTICE K. SREENIVASA REDDY £BIMINAL PETITION NO.6111 OF 2Lg2§ Between : Talla Ganesh and others The State of AP., Rep. by its Public Prosecutor. I..PETITIONERS/ACCUSED AND I..RESPONDENT/COMPLAINANT Counsel for the petitioner/accused(s): 1. RAMESH BABU TALLURI Counsel for the Respondent/complainant: 1. PUBLIC. PROSECUTOR The Court made the following ORDER: This Criminal Petition, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the Petitioners/A2, All and A14, seeking anticipatory bail, in connection with Crime No.249 of 2024 of Athreyapuram Police Station, Dr. B.R. Ambedkar Konaseema district. i-iEl-T.-~' cy !`. _ _ \ 2. A ca'se has been registered against the petitioners herein and others for the offences punishable under Sections 329(4), 118(1),109(1), 351(2) read with 190 of the Bharatiya-Nyaya Sanhita, 2023 (for short fBNS'). 3. Case of the prosecution, in brief, is that on 07.12.20O4, at about 05.00 PM, at Peravaram village of Athreyapuram mandal, some of the scheduled caste people came to Sri Subrahmanya Swamy temple festive area and raised slogans with Dr. B.R. Ambedkar fI6xy that {lJai Bheem, Jai Bheem". When the de facfo complainant along with- Gowda community people raised +objection, Al to A16 criminally trespassed into the house of one I Vanka Srinu, damaged the household articles and when the neighbours and the de facfo complainant and his sons tried to rescue, the accused altercated with them and beat them with sticks, brick stones and beer bottles with an-intention to kill {hem` and caused injuries on their persons. 4. Heard. Perused the record. 5. A perusal of the material on'record goes to show that there is case and counter case, wherein the let petitioner herein/A2 filed a complaint in Crime No.248 of 2024 of Athreyapuram Police SfatI-On, under Sections 118(1),109(1), `\/ •-- -I:I-I-J* 3 f| 351(2) read wI'th 190 of the BNS and Sections 3(1)(r), 3(2)(va) and 3(2)(v) of the Scheduled Castes and the Scheduled Tri'bes (prevention of Atrocities) Act, against `the de facfo complainant herein. Pursuant to the.same, the present complaint has been, filed by the de facfo complainant against the. petitioners herein and others, which was registered as a case in Crime No.249 of 2024 for the aforesaid offences. Even going by the complaint, specific acts have been attributed against A1, A5, A9 and A16 only and in so far as the petitioners herein/A2`, All and A14 are concerned, no specific acts have been attributed against them and it is not the case of the prosecution that the earlier complaint has been filed-by the de facfo complainant herein. Pr,'ma fac,'e, it shows that as a counter blast to the case already filed by the' 1st petitioner herein/A2, the de facfo complainant filed the present case as against the petitioners herein and others. That too, non-explanation of'the injuries sustained by the petitioners is also fatal to th'e prosecution easel Irrespective of the same, the injury received by the de facfo 6omplainant is simple in nature. F9Jfr 3fuZI i_'\ -_ __ - 6. ln view of the aforesaid facts and Circumstances Of the case, this court is inclined to grant anticipatory bail to the petitioners herein/A2, All and A14 on the following conditions. i) ln the event of arrest of the petit'loners her.ein in the aforesaid crime, they shall be enlarged on bail On their executing personal bonds for a sum of Rs.10,000/-(Rupees Ten Thousand only) each with two sureties of the like sum each to the satisfaction of the concerned Arresting Officer. ii) petitioners shall cooperate with the investigation and they shall make themselves available for interrogation by a police officer as and when required, and they shall not, d'IreCtly or indirectly, make any inducement, threat Or Promise tO any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. iii) petitioners shall appear before the Station House officer concerned once in a week i.el on every Sunday between 10.00 AM and 1.00 >PM till filing of the charge Sheet. 7. The Criminal Petition is, accordingly, allowed. As a sequel thereto, the miscellaneous Petitions, if any, pending in this criminal petition, shall stand closed. //TRUE COPY// SD/`i G-.HELANAIDul ASSISTANTassTRAR SECTION OFFICER To] I. 1. The Station House Officer, Atreyapuram Police StatI'On, Dr.B.R.Ambedkar Konaseema District. 2. One CC to SRI. RAMESH BABU TALLURI Advocate [OPUC] 3. Two cos to Public Prosecutor (AP) High Court ofA.P., Amaravati [OUT]. 4. One spare copy ¢-_ _ i- I \ HIGH COURT SRK,J DATED..30/06/2025 BAIL ORDER CRLP.No.6111 of 2025 ALLOWED >gr c E'lr; o 7 JULqu5