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2025 DAILYLAW 23715 (AP)

Beeda Venkata Subbaiah v. The State of Andhra Pradesh

CRLP/6951/2025 · 2025-07-16

Y Lakshmana Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA THURSDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE Z TFrfONOURABLE D:RP:uEsSTEINcTE: Y. LAKSHMANA R CRIMINAL PETITION NO: 6951 OF 2025 NOURABLE DR JUSTICE Y. LAKSHMANA RAO Betwee n : Beeda Venkata Subbaiah, S/o.Venkata Subbaiah Aged 40 years, Occ Car DrI-Ver R/o.Ramnagar Colony, Kamalapuram YSR Kadapa District, Andhra Pradesh. I..Petjtjoner/A-21 AND The State of Andhra Pradesh, Rep.by public prosecutor High Court, Amaravathi ...Respondenti Petition under sections 480 & 483 of BNSS, praying that I-n the circumstances stated in the memorandum of grounds filed in support of the CrI'minal Petition, the High Court may be pleased to release the petitioner oh bail pending enqul'ry and trial into cr,'me No.41/2024 of Kamalapuram poll-Ce statI'On, YSR Kadapa District, Andhra Pradesh. , The Petition coming on for hearing, upon perusing the petition and the memorandum of grounds filed I-n Support thereof and upon hearing the arguments of SRI D KODANDARAMI REDDY Advocate for the petitioner, and- of PUBLIC PROSECUTOR, for the Respondent, the court made the following APHCO10335462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurl-sdiction) THURSDAY,THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TivENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6951/2025 [3521] Between : BEEDA VENKATA SUBBAIAH, S/O.VENKATA SUBBAIAH AGED 40 YEARS, OCC CAR DRIVER R/O.RAMNAGAR COLONY, KAMALAPURAM YSR KADAPA DISTRICT, ANDHRA PRADESH. ..IPETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep.by public prosecutor High Court, Amaravathi I..RESPONDENT/COMPLAINANT counsel for the Petitioner/accused: D KODANDARAMI REDDY Counsel for the Respondent/c6mplainant.I PUBLIC PROSECUTOR The Court made the following: ORDER: The Crl'minal PetitI'On has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity fthe BNSS'), seeking to enlarge the petitioner/Accused No.21 on bail in cr,No.41 of 2024 of Kamalapuram police Station, YSR Kadapa District, registered against the .S. petitioner/Accused No.21 herein for the offences punishable under sections 364, 307, 324, 353, 341, 323 and 506 read with 34 of the Indian Penal Code, 1860 (for brevity [the I.P.C.I) 2. The case of the prosecution isthat on 10.03.2024 at about 10.00 a.m., while the de-fact9 COmPIainant along with her husband were proceeding to purchase vegetables at Pedda Cheppali Village of Kamalapuram Mandal, then Al along wI-th his followers caught hold the husband of de-facto complainant by name Pachipala ViJ-aya Bhaskar Reddy and grabbed him and beat him and then forcibly boarded him in their car and left the scene of offence. The allegation of the de-facto complainant is that this incident has happened as Al developed grudge against the husband of the de-facto complainant by keeping previous issues in mind. Basing on the complaint, this case was registered against Al to A8 in Cr.No.41/2024 of Kamalapuram Police Station initially for the offence under Sections 365, 341, 323, 506 read with 34 of fthe I.p.c.,I and thereafter A9 to A20 were added as accused and the offence was altered to sections 364, 307, 324, 353, 341. 323, 506 read with 34 of [the I.P.C.l 3. Sri D.Kodandarami Reddy, learned Counsel for the Petitioner, submits that the petitioner has not committed any offence; he was falsely implicated in this case; he is sole breadwinner of his family; he is ready to abide any conditions {o be imposed by this court; and urged to enlarge the petitioner on bail. + 4. Perconfra, Ms. P. Akhila Naidu, the learnedAssistant Publl'c Prosecutor, opposed in granting of bail stating that some more material 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. The main allegation against the petitioner l's th.at he drove one of the vehicles in which the main accused was travelling and came to the alleged ripe_` scene of offence. There are no specl-fic overt acts against the petitioner that he himself beat the victim/de-facfo complainant. The Petitioner was only driving the vehicle. The main accused/Al and A2 were already granted pre- arre§t bail by a learned single Judge of this Court I'n Crl.P.No.5537/2024. Similarly, All, A12, A14, A15, A17 and A18 were also granted pre-arrest bail by this Court. 7. ln view of the gravity of the allegations levelled against the petitioner, nature of the alleged role played by the petitioner an.d the period of incarceration in the judicial custody since 16.06.2025, I am 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. I ~' J¢` 9. ln the result, the Criminal Petition is allowed with the following conditions: i. The petitioner/Accused No.21 shall be enlarged on bail subject to 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, Kamalapuram. ii. The petitioner/Accused No.21 shall appear before the Investigation Officer concerned, on every Saturday 'ln between 10:00 am and 05:00 pm, until further orders. iii. The pe-titioner/Accused No.21 shall not leave the limits of the District without prior permission from the learned Trial Judge. iv. The petitioner/Accused No.21 shall not commit or indulge in similar offences in future. v. The petitioner/Accused No.21 shall cooperate with the investigating officer in further investigation of the case and shall be available to the investigating officer as and when Called. sD/-K. KASIRAo AC,HAR! //TRUE COPY// ASSISTANT lSTRAR To, SECTIO OFFICER 1. The Judicial Magistrate of First class, Kamalapuram, YSR Kadapa District 2. The Superintendent, Sub Jail, Kamalapuram, YSR Kadapa District 3. The Station House Officer, Kamalapuram Police Station, YSR Kadapa District 4. One CC to SRl. D KODANDARAMI REDDY Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT] 6_ One sr`are rf`nv 1 E= 17 Jul2RE HIGH COURT DR.YLR,J DATED..17/07/2025 BAIL ORDER CRLP.No.6951 of 2025 ALLOWED