'4^ APHC010317952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY,THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT ^ THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL APPEAL NO: 419 OF 2025 Appeal under Section 14A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the Order dated 21.05.2025 passed by the Scheduled Castes And Scheduled Tribes(Prevention Of Atrocities) Act., Guntur in CRL.MP. No. 719 of 2025 in Crime No. 60 of 2025 Dt. 09.04.2025 On the file of Battiprole P.S., Bapatia District and consequently enlarge the Petitioner/Accused No. 1 on bail in Crime No. 60 of 2025 Dt. 09.04.2025 On the file of Battiprole P.S., Bapatia District. Between: Sammeta David Raju, S/o. Veera Venkata Naga Rama Krishna Prasad, Aged about 34 years, R/o. Janda Chettu Centre, Repalle Town, Bapatia District Special Judge For Trail Of Cases Under ...Petitioner/Accused No.1 AND 1. The State of Andhra Pradesh, Rep., by its Public Prosecutor, AP High Court, Amaravathi, Rep., for the Station House Officer, Battiprole, P.S., Bapatia District. 2. Banavath Siva Sankar, S/o. Govindu, R/o. D.No. 8-147/A, Vellaturu, Guntur, Andhra Pradesh 522257 ...Respondents lA NO: 1 OF 2025 Petition under Section 480 & 483 BNSS R/w Section 437 & 439 of Cr.P.C praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to enlarge the Petitioner/Accused No. 1 on bail in Crime No. 60 of 2025 Dt. 09.04.2025 On the file of Battiprole P.S., Bapatia District. Counsel for the Petitioner: Sri Kunuku Raja Sekhar Counsel for Respondent No.1 : Ms. K Priyanka Lakshmi, Assistant Public Prosecutor Counsel for Respondent No.2 : — The Court made the following order: APHC010317952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] r MONDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL APPEAL No: 419/2025 Between: SAMMETA DAVID RAJU, S/0. VEERA VENKATA NAGA RAMA KRISHNA PRASAD, AGED ABOUT 34 YEARS, R/0. JANDA CHETTU CENTRE, REPALLE TOWN, BAPATLA DISTRICT ...APELLANT AND 1.THE STATE OF ANDHRA PRADESH, REP., BY ITS PUBLIC PROSECUTOR, AP HIGH COURT, AMARAVATHI, REP., FOR THE STATION HOUSE OFFICER, BATTIPROLE, P.S., BAPATLA DISTRICT. 2.BANAVATH SIVA SANKAR, S/0. GOVINDU, R/0. D.NO. 8-147/A, VPLLATURU, GUNTUR, APDHRA PRADESH 522257 ...RESPODENT(S): Counsel for the Appellant: 1.KUNUKU RAJASEKHAR Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR The Court made the following: JUDGMENT: The instant criminal appeal has been filed by the Appellant/Accu sed No.1 seeking to set aside the Order dated 21.05.2025 passed in Crl.M.P.No.719 of 2025 on the file of the Court of the Special Judge for trial of cases under SCs & STs (PoA) Act-cum-iV Additional Sessions Judge Guntur and to release him on bail. M - \ 'V:i 2 2. Case of the prosecution, in brief, is that, the mother of the de facto complainant obtained loan from Five Star Finance at Repalle by mortgaging her house about one year ago. Initially she paid the loan amount properly and subsequently, she has committed default. On that, the Accused who belong to the Finance Company used to come to her house and harass her for repayment of the loan amount. While so, on 08.04.2025 at about 5.30 p.m.. Accused came to her house, asked her about the loan amount, abused her, threw the household articles outside and insulted her by abusing public, due to which, the mother of the de facto complainant had suicide by hanging to the ceiling with a saree in her house and died while undergoing treatment. her in committed Based on the complaint lodged by the de facto complainant, a case in Crime No.60 of 2025 on the file of Bhattiprolu Police Station has been registered against the Aocused for the offences under Sections 108 and 329(4) of BNS and Section 3(2)(v) of SCs & STs Amendment Act, 2015. (PoA) 3. Heard Sri Kunuku Rajasekhar, Appellant/Accused No.1 and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor for State. 4. Learned counsel for the Appellant would submit that there allegations against the Appellant/Accused No.1 and that there learned counsel for the are no is no personal enmity between the Appellant and the mother of the de facto complainant. Learned counsel would further submit that the investigation has been completed and charge sheet has also been filed. It is submitted that there 0^^ 3 are no criminal antecedents against the Appellant. The Appellant is ready to furnish sureties to the satisfaction of the Court. 5. Learned Assistant Public Prosecutor would submit that 13 witnesses were examined. Learned Assistant Public Prosecutor fairly conceded that Accused Nos.2 to 4 were already released on bail. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders. Now the point that would emerge for determination is; Whether the impugned order passed by the learned trial Judge is sustainable or not? 6. POINT: 7. As seen from the material placed on record, initially, two applications were filed by the Appellant herein along with Accused Nos.2 to 4 before the trial Court and the same were dismissed on the ground that the investigation was not completed. As rightly put by the learned Assistant Public Prosecutor, Accused Nos.2 to 4 in the present crime were already released on bail by a Coordinate Bench of this Court in Criminal Petition No.5731 of 2025 vide Order dated 25.06.2025. 8. Considering the submissions made and on a perusal of the material on record, as the crucial part of the investigation relating to examination of the witnesses is completed, the question of influencing the witnesses, does not arise. Appellant has been in judicial custody since 20.04.2025. In such circumstances, it is desirable to grant bail to the Appellant/Accused No.1 however, by imposing some conditions. 4 9. Accordingly, the appeal is allowed setting aside the Order dated 21.05.2025 passed in Crl.M.P.No.719 of 2025 on the file of the Court of the Special Judge for trial of cases under SCs & STs (PoA) Act-cum-IV Additional Sessions Judge, Guntur and Appellant/Accused No.1 is granted bail, on the following conditions: Appellant/Accused No.1 shall be released on bail on his executing a personal bond for Rs.20.000/- (Rupees twenty thousands only) with two sureties for a like sum each to the satisfaction of the trial Court. On release, the Appellant/Accused No.1 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 until further orders. Appellant/Accused No.1 shall not leave the head quarters of the District without the permission of the learned trial Judge. The Appellant / Accused No.1 shall surrender his passport, if any, to the Investigating Officer until the conclusion of the trial. If the Appellant does not have a passport, he shall submit an affidavit to the Investigating Officer to that effect. The Appellant / Accused No.1 is directed not to hamper the investigation and tamper with the prosecution witnesses. As a sequel thereto, miscellaneous petitions pending, if any, shall Sd/- S.V.S.R.MURTHY JOINT REGISTRAR I. II. III. IV. V. //TRUE COPY// SECTION OFFICER To, 1. The Special Judge for Trail of Cases under Scheduled (Prevention of Atrocities) act cum IV Additional Sessions Judge Guntur District Castes & Tribes Guntur, 2. The Superintendent, Sub-Jail, Repalle, Bapatia District (By Speed Post) 3. The Station House Officer, Battiprole, P.S., Bapatia District. 4. One CC to Sri. Kunuku Raja Sekhar Advocate [OPUC] 5. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh at Amaravathi [OUT] 6. Two CD Copies Stu nm HIGH COURT DATED:07/07/2025 JUDGMENT CRLA NO. 419 OF 2025 ALLOWING THE CRIMINAL APPEAL