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High Court of Andhra Pradesh · body

2025 DAILYLAW 23024 (AP)

Jarpala Balaji Naik v. The State of AP

CRLP/6674/2025 · 2025-07-13

Y Lakshmana Rao

body2025

Judgment text

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lN THE H[GH COURT OF ANDHRA PRADESH ATAMARAVATl MONDAY, THE FOURTEENTH DAY OF JULY, TWO THOUSAND AND TWENTY FIVE :PRESENT: ``t /i THE HONOURA`BLE DR JUSTICE Y. LAKSHMANA RA cR[MINAL PETITION NO: '6674 OF 2025 Between: `.- I... Jarpala Balaji Naik, S/o Somla Naik, Aged about 36 years, Occ: Coolie, R/o Kanampalli Village, Puli`,,,endula MandaI, YSR Kadapa District. \rff .i,,+l `!t`t - ... Petitioner(A1 )Lrf4 AND The State of Andhra Prade§h,JTeP., by its Public Prosecutor, High Court Buildings, Amaravathi. ''-~ '~-`'| -``-` `` ` ...Respondent • .ll •.."dy rf. Petition under Sections 480J& 483 of Cr.P.C, is fl-led praying that in the circumstances stated in the grounds filed in support of the criminal petition, the High Court may be please'di\-t6: enlarge the petitioner on regular bail in in cr.No.38¥ of 2025 on the fiI`J6tg'r6t`+the pu]l'venduif u/G Police Station, YSR Kadapa D#rict regist;red for th6`''offences under sections 191(2),191(3), 324(4), and 109 r/w 190 of the BNS. L/ `d ``.. -'`} The petition coming on forl'h`earing, upon perusI'ng the Petition and the grounds filed in support ther66f and upon hearing the arguments of srI V.R.Red¥Kowurl, Advocate for the PetltiOner and Of PublICirOSeCutOr for Respondent, the Court made {thle following I .z'<. J1- .i.:_I I.'`_I \ . i .a..,_ dr + <9 ` a_-.7 ` .v/I . __ - \ S + I Dr. YLR, J Crl.P.No.6674 of 2025 Dated 14.07.2025 The Court made the following: ORDER'- The Criminal PetitI'On has been filed under Sections 437 and 439 of the Code of Criminal Procedure,1973 (for brevity lthe crIP.C.I)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity [the BNSS'), seeking to enlarge the petitioner/Accused No.1 on bail in Cr.No.389 of 2025 of Pull-Vendula U/G Police Station, YSR Kadapa District, registered against the petitl-oner/Accused No.1 herein for the offences Punishable under SectI-OnS 191(2),191 (3), 324 (4) and 109 (1) read with 190 of the Bharatiya Nyaya Sanhita, 2023 (for brevity [the BNS'). 2. The case of the prosecution is that on 12.06.2025 at 5.25 P.M., at Kadiri Ring Road, Pulivendula Town, the Accused Nos.1 and 2 to'12 and some others, followers of the YSRCP Party, formec! into an unlawful assembly, armed with deadly weapons, with an object to remove and set fI're tO the flags and arches Of the TDP Party, and to kill the TDP Party followers if they tried to resist them while executl'ng their common object of removing the flags. They went to Kadiri Ring Road, Pulivendula Town, and while they were tearing the flags and burning the arches of the TDP Party, the compJainant, Pasupule~Ii Sanjeev Kumar, tried to resist them. Accused ~. giv-`.~~ _ Nos.1 and 2 to 12, some Others tried tO beat the complainant with rods and stI'CkS, but he narrowly escaped. Then, the accused tore the flags and H-------A 3 Dr. YLR, J Crl.P.No.6674 of2025 Dated 14.07.2025 arches of the TDP Party and caused loss worth Rs. 6,000/-. This was due to political grudges. Based on the report of the complainant, a case was registered in CrI-me No.389 of 2025 at P-UII-Vendula Police Station, and later on 13.06.2025, Accused No.1/petitioner was arrested. 3. Sri V.R. Reddy Kowuri, the learned counsel for the petitI-Oner, submits that the petitioner has not committed any offence; he was falsely implicated in this case; he is sole breadwI'nner Of his famI'Iy; he I'S ready to abide any conditions to be l'mposed by this court; and urged to enlarge the petitI'Oner On bail. 4. Per confra, Mr.NeelotphaI Ganji, the learned Assistant Public Prosecutor, opposed jn granting of bail stating that the some more materI'al witnesses have to be examined,- investigation is not completed,- if the petitioner is enlarged on bail, he would not be available for the investigation and he would escape from the clutches of law; and urged to dismiss the bail petition. 5. Perused the record. 6. As seen from the record, there are no injurI'eS Sustained by the de- facfo complainant, because of the alleged attack by Accused No.1 and others on the petitioner. The petitioner has been in judicial custody for the Past 31 days. It I'S Pertinent td mention that the learned Single Judge of this ui= `.3} -..... ` ` 4 Dr. YLR, J Crl.P.No.6674 of 2025 Dated 14.07.2025 Court I-n CrI.P.No.6269 of 2025 dated 25.06.2025 granted stay of all -further proceedings in Cr.Nos.360 and 389 of 2025 on the file of Pulivendula U/G Police Station, YSR Kadapa District. 7. Keeping into consideration the number of days the petitioner has been in judicial custody, the nature of the allegations levelled against him, stage of the investigation and his alleged role in the case, this Court is inclined to enlarge the petitioner on bail. 8. This Court is of the opinion that if certain stringent conditions are imposed on the petitioner for securing his presence before the learned Trial Court for trial, the interest of justice would be met. 9. In the result, the Criminal Petition is allowed with the following - conditions: i. The petitioner/Accused No.1 shall be enlarged on bail subject to he executing a personal bond for a sum of Rs.10,000/-(Rupees Ten Thousand only), with two sureties for the like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Pulivendula, YSR Kadapa District. ii. The petitioner/Accused No.1 shall appear before the station House Officer concerned, on every Saturday in a+r •U To, 5 Dr. YLR, J Crl.P.No.6674 of 2025 Dated 14.07.2025 `between 10:00 am and 05:00 pm, till the conclusion of the Trial. iii. The petitioner/Accused No.1 shall not leave the limits of the District without prior permission from the learned Trial Judge. iv. The petitioner/Accused No.1 shall not commit or indulge in similar offences in future. v. The petI'tiOner/Accused No.1 shall cooperate with the investigating officer in further investigation of the case and shall be avaI-lable to the investigating officer as and when called by him. sD/-M.PRABHAKARA RAO TRUECOPY,, ASSISTANTREgrAR SECTION OFFICER .a..I !f I¢ . 1. The Special Sess-Ions Judge-for Trial of OffencS Against Women-Gum- i '\.- 't -. i vll Additional District and. Sessions Judge at Kadapa. 2. The Judicial Magistrate Of First Class, Puliv#dula, YSR Dis#ct. 3. The Superintendent, Sub`-Jail, Pulivendula. `Z 4. The Station House Officer, Pulivendula U/G Pol'lce Statiom YSR Kadapa District. ctzr 56 ::: CCctcosSrlt: :uRBeL##OpVRV:r:'EAcduv:coa:: [OHPl:hC] court of A P , Amaravati.[OUT] \~p+u-+ /,=,I 7. One spare COPY, ._rd,z~rl i.s.D .f A HIGH COURT DR.YLR,J DATED: 14/07/2025 BAIL ORDER CRLP.No.6674 of 2025 ALLOWED