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2025 DAILYLAW 2395 (AP)

MEKALA NARENDRA YADAV v. THE STATE OF ANDHRA PRADESH

CRLP/59/2025 · 2025-01-17

Maheswara Rao Kuncheam

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

`\\`` \. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl FRIDAY, THE SEVENTEENTH DAY OF JANUARY, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 59 OF 2025 Between : 1. Mekala Narendra Yadav, S/o.Venkata subbaiah aged about 23 years, Occ: Student Residing at D.No.2/3, NanganurupaIIi village, Proddatur Mandal, Kadapa District. 2. Mekala Bhaskar, S/o. Venkatasubbaiah, Aged about 20 years, Occ: Student Residing at D.No.2/3, Nanganurupalli village, Proddatur Mandal, Kadapa District. i 3. Mekala Pushpavathi, W/o-. VenkataSubbaiah, aged about 41 years, occ: House wife, residing at D.No.2/3, Nanganurupalli village, Proddatur Mandal, KadapLa^` District. ...Petitioners/Accused No.1, 4 & 6 I AND The State of Andhra Pradesh,-|'Represented by Public Prosecutor, At High court of Andhra Pradesh, Through S.H.O., Proddatur Rural Police Station Proddatur, YSR Kadapa District. ...Respondent/Complainant Petition under Section 482 of BNSS, 438 of Cr.P.C, is filed praying that in the circumstances stated jn the grounds filed in support of the criminal Petition, the High Court may be pleased to enlarge the Petitioners herein/Accused No. 1, 4 and 6 on Anticjpatory Bail in the event of their arrest in connection with Crime No. 785 of 2024 on the file of Proddatur Rural P.S, Proddatur, YSR Kadapa District. The petition coming on for hearing, upon perusing the petition and the grounds filed in support thereof and upon hearing the arguments of Sri V.Nitesh, Advocate for the Petitioner and of Public Prosecutor for the Respondent, the Court made the following THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION No.59 of 2025 ORDER.. The Criminal Petition, under Section 482 of BNSS, is filed on behalf Of the pet-ltioners/A.1, A.4 & A.6 to grant antiCiPatOry bail in COnneCtiOn With Crime No.785 of 2024 of Proddatur Rural Police Station, Proddatur, YSR Kadapa District, registered for the Offence Punishable under Section 118(1) and 109 r/w 3(5) of BNS. 2. Brief facts of the Case are aS under: on ll.12.2024, at about 06:00 PM, Accused No.1 along with Other accused attacked the de facto complainant. A.1 dealt a blow with an iron rod and caused bleeding injury on the head of complainant; A.2 to A5 pelted stones On the complainant and caused dumb injuries all over his body. The w-lfe of complainant - Lakshmi Devi witnessed the Same and Went tO rescue. Then accused No.6 caught the tuft Of her hair and dragged and beat With hands and On witnessing the same when one Mekala Venkata Ramana tried to rescue the complainant and his wife, all the accused beat him also With Stones and Caused dumb injuries on his right flank and later they were taken to Government Hospital, Proddatur for treatment and after first aid, the COmPlainant lodged a complaint against the accused. /? 5=` i,Z, I t.\ H '\> 2 I, 3 A case was reg,stered ln crl'me No 785 of2024 ofproddatur Rural POI,ce statJOn and later, on 1412 2024, accused Mos 2, 3 & 5 were arrested and produced before the learned " AddltlOnal JudICJaI MagIStrate of FIrSt Class, proddatur for remand A 1, A 4 & A 6 are abscondlng. 4. Heard. perusedtherecord. I 5. ThepetltlOnersareaccusedNos1,4&6 Apparently, as seen from the vers,on stated ln the F I R, dated ll 12 2024 also, de facfo complalnant and accused No 1 are own brothers Dlsputes are exIStlng among the famllleS regard,ng partltIOn of properties on the fateful day, a galata has taken place lnltlally at the Instance of lady members of accused No 1 and de facto complal'nant's family pertajnjng to a rastha. 6 The maln a''egatlon I'S aga,nstaccused No 1 who beat the de fac/o complalnant wI'th an l'ron rod and caused the bleedlng Injury Thus, thls court ls not jncll'ned to grant antl'cI-Patory ba" to petjt,-oner No.1/A.1. 7 In respect ofpetltlOner Nos2 & 3/A4 & A6, there are no speclflC allegatlons except causlng dumb lnJurles Even as per the prosecutIOn, L Ws 1 to 7 wltnesses were exam,ned lt seems that a slmp'e famlly d,'spute lead to these unfortunate events A2, A3 & A5 were already arrested and remanded to Judlc,al custody on 14122024 The fact that A2, A3 & A5 were arrested on '\ 3 r/ 14.12.2024 coupled wI-th the fact that LWs.1 to 7 wI-tneSSeS Were examined by the prosecution does not indicate any need of custodial interrogation. 8. CrimI'nal PetI'tiOn in respect of lst petitioner/A.1 I-S dI-SmiSSed and crI®minaI PetI'tiOn in respect of petitioner Nos.2 & 3/A.4 & A6 is allowed with the following conditions: 1. The petitI'Oner Nos.2 & 3/A.4 & A6 are directed to surrender before the learned " AddI'tI'Onal Judicial Magistrate of First Class, proddatur, within 15 days from the date of receipt of a copy of this order,' 2. On such surrender, the learned " Additional Judicial MagI-Strate of First class, proddatur, shall enlarge petjtjoner Nos.2 & 3/A.4 & A6 on ba" on theI'r eXeCutI'ng a personal bond for a sum of Rs.10,000/-(Rupees ten thousand only) each with two sureties each for the ll-ke sum each to the satl-sfaction of the said court; 3. The petitioner Nos.2 & 3/A.4 & A6 sha" appear before the Investigating officer twice in a month, i.e. on lst and 3rd Sunday of every month between 10.00 AM and 1.00 PM for a period of three months or till filing of the charge sheet, whichever is earlier; 4. The petitl'oner Nos.2 & 3/A.4 & A6 sha" make themselves available for I-nVeStI-gatiOn by a police officer as and when requl'red and they sha" not directly or indirectly make any inducement, threat or promise to any HE 4 r/ Person acquainted with the facts of the case so as to dl'ssuade them from disclosing such facts to the court or to any police officer; and 5. The petitl-oner Nos.2 & 3/A.4 & A6 shall not indulge in simI-lar acts Of crime. 9. AccordI'ngly, the Criminal PetitI'On iS Partly allowed. Miscellaneous applications pending, if any, shall stand closed. SD/- M.SRINIVAS ASSISTANT SEC"O //TRUE COPY// TRAR Tol 1. The " AddjtjonaI Judicial Magistrate of Fl'rst Class, proddatur, ysR DI'StriCt. 2. The Station House officer, proddatur Rural Police stall-On, Proddatur, YSR Kadapa District. 3. One CC to SRI V.NITESH Advocate [opuc] 4. Two cos topuBLIC PROSECUTOR, High court of A.P., Amaravatj. [ouT] 5. One spare copy. PSD \-_ \_ HIGH COURT lVI RK,J DATED..17/01/2025 ANTICIPATORY BAIL ORDER CRLP|No.59 of 2025 PARTLY ALLOWED Oi ¥_!¢?ig{!i;,;a E= A ;S_SG lpS` 1 i lfrtt6 ?fi?5 \€,, , i €;:i fidij.F \flEL¥