Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 23393 (AP)

Koneti Venkata Siva alias Siva v. The State of Andhra Pradesh

CRLP/6820/2025 · 2025-07-27

Y Lakshmana Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

`\ ..\ \' '\\ TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA MOND+AYS TTHHEolT¥AENNnTYMFLGET,H[hPTAvY[9\F[JULY, €`!l;i: CRIMINAL PETITION NO: 6820 OF 2025 Between.I 1. Koneti Venkata siva @ siva (A2), S/o Veera Raghavulu, aged 30 years, R/o Gonepallivaripalem (V), Chimakurthi (M), Prakasam District. 2. Koneti Rajasekhar (A3), S/o Anjaiah, aged 28 years, R/o Gonepallivaripalem (v), chimakurthi (M), Prakasam District. 3. Shaik Subhani (A5), S/o Masthan, aged 45 years, R/o lslampeta, Podili Town, Prakasam District. 4. Puni Venkateswarlu, (A6), S/o Thirupathaiah, aged 34 years, R/o Sallur (V), Podili (M), Prakasam District ...Petitioners/Accused Nos.2 3, 5 & 6 AND The State of Andhra Pradesh, through the station House Officer, Podili Police Station, Rep. by Public Prosecutor, High Court ofAndhra Pradesh, At Amaravathi ...Respondent/Respondent Petition under section 480 & 483 of BNSS, 2023 (Under Section 437 & 439 of Cr.P.C is filed praying that in the circumstances stated in memorandum of grounds of criminal Petition, the High Court may be pleased to enlarge the petitioners on bail who is Accused Nos.2, 3, 5 & 6 in crime No.52/2025 on the file of podili P.S., Prakasam Distrl'ct, pending trial; The petition coming on for hearing, upon perusing the petition and memorandum of grounds of criml'nal petition and upon hearing the arguments of Sri lnakollu venkateswariu, Advocate for the petitioners and public prosecutor for the Respondent, the court made the following,- t-Lj c-.-I, .. THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No:6778 of 2025 ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity [the BNSS'), seeking to enlarge the petitioners/Accused Nos.2, 3, 5 and 6 on bail in Cr.No.52 of 2025 of podili police station, Prakasam District, registered against the petitioners/Accused Nos.2, 3, 5 and 6 herein for the offence punishable under Sections 189(2), 191(2), 132, 121(1), 109(1), 331 (5) read with 190 of Bharatiya Nyaya Sanhita, 2023 (for short [the BNS]). 2. Material averments stemming from the prosecution are that, On ll.06.2025, at approximately 12:15 hours, an inc-ldent took place at the premises of the Tobacco Board, Podili Town, Prakasam District, which was reported to the jurisdictional police on 12.06.2025 at around 09:00 hours. It is alleged that the accused, Sri Kove'akuntla. Raja Balavardhan and several others, unlawfully assembled and, in pursuance of a common intention, criminally trespassed into the protected premises of the Tobacco Board without any lawful authority or_ permission, thereby obstructing the lawful duties of the deployed police personnel and endangering public peace. At the relevant time, the official convoy of HonJble Former Chief Minister, Y.S.Jagan Mohan Reddyut, entered the premises. In that context, the accused persons used criminal force to push open the main gate and forcibly gain entry. lt is further alleged that the complainant, Sri Patra Ravi Kumar, S/o * --i--_i_ a. r { Sam,uel, aged 59 years, belonging to the Madiga community and residing at Tailors Colony, Podili, attempted to obstruct the unlawful entry, but Was assau'ted by the accused with flagsticks and stones, accompanied by provocative slogans including ltYENTIRA MEERU MAMMULANU AAPEIDI GOVERNMENT PALANA KADU, lDI JAGAN ANNA RAJYAM," thereby intimidating the complainant and the security staff on duty. During the said incident, one police constable attempted to prevent the breach but was physically assaulted by certain members of the unlawful assembly, who allegedly grabbed his throat, struck him.on the hand with a stick, and caused bleeding injuries, particularly to the knee region. The complainant too, while attempting to resist the assailants, was allegedly pushed forcefully and pinned between the gate and the boundary wall, amounting to an attempt on his life. The accused further caused willful damage to property, including tobacco bales stored on the premises. 3. Heard learned counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record. 4. Sri lnakollu Venkateswarlu, learned counsel for the petitioners Submits that the petitioners have not committed any offence; petitioners were falsely implicated by the police in the crime; petitioners are the sole breadwinners; petitioners would abide by any conditions to be imposed by this Court; the Petitioners has got fixed abode, hence, if -any condition is imposed while - \`- ----a granting the bail, Petitioners would not violate it; and i{ is urged to allow the petition. 5. Perconfra, Ms. P.Akhila Naidu, the learned Assistant Public Prosecutor, opposed in granting of bail stating that the petitioners are habI-tual Offenders, some more material witnesses have to be examined; investigation is not completed; if the petitioners were enlarged on bail, they would not be available for the investigation and Petitioners may threaten the witness; they would escape from the clutches of law; and it is urged to dismiss the bail petition. 6. Be that as it may, the petitioners have been in thejudI-Cial Custody for the past 44 days, they were arrested on 14.06.2025 The prosecution submits that there are no adverse antecedents against the petitioners. The petitioners have got fixed abode. A petition for police custody was filed and it was allowed, and the petitioners were sent to police custody for a period of two days i.e., from 24.07.2025 from 10.00 a.m., to 26.07.2025 till 10.00 a.m. Thus, the purpose of filing the police custody petition was served. Material portion of the investigation is completed. 7. Considering the nature and gravity of allegation levelled against the Petitioners, their alleged role played I-n this Case, and the period of detention undergone by the petitioners, this court is I'nCIined to enlarge the petitioners on bail with the following stringent conditions: _-.- i---i,-` `t--`l` .4 i. The petitioners/Accused Nos.2, 3, 5 and 6 shall be enlarged on bail sub.ject to them executing a 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 learned Civil Judge (Junior Division) and Judicial First Class Magistrate Court, Podili. ii. The petitioner's/Accused Nos.2, 3, 5 and 6 shall appear before the Station House Officer, Podili Police Station, Prakasam District,I on every Saturday in between 10:00 am and -05:00 pm, till cognizance is taken by the learned the Trial Court. iii. The petitioners/Accused Nos.2, 3, 5 and 6 shall not leave the limits of the District without prior permission from the Station House Officer concerned. iv. The petitioners/Accused Nos.2, 3, 5 and 6 shall not commit or indulge in commission of any offence in future. v. The petitioners/Accused No.s.2, 3, 5 and 6 shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the investigating officer as and when requllred. vi. The petitioners/Accused Nos.2, 3, 5 and 6 shall not, directly or indirectly, make any inducement, threat or promise to - any person+ acquainted with the facts of the case so as to .rf-T# .\\ dissuade him/her from disclosing such facts to the court or to any police officer. vii. The petitioners/Accused Nos.2, 3, 5 and 6 shall surrender their passports, if any, to the investigating officer. ]f they claim that they do not have a passport, they shall submit an affidavit to that effect to the Investigating Officer. 8. Accordingly, the Criminal Petition is allowed. l' I //TRUE COPY// For/ sd/-I K.TATA R.A`O DF_PUTY REG£i5AR sECT!ON OFFICEF?I To, 1. The Civil Judge (Junior Division) and Judicial First class Magistrate Court, Podili. 2. The Judicial Magistrate of First Class Court, Podili, Prakasam District. 3. The Superintendent, Subjail Darsi, Ongole. 4. The Station House Officer, Podili Police Station, Prakasam District 5. One CC to Sri. lnakollu Venkateswarlu, Adv;Gate [OPUC] 6. Two CCs to Public Prosecute,`r,` High Court of AP [OUT] 7. One spare copy `-,r .I. HIGH COURT Dr.YLR,J DATED :28/07/2025 ORDER CRLP.No.6820 of 2025 ALLOWED