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2025 DAILYLAW 24788 (AP)

Shanthappa Bodi alias Shanthappa v. The State of Andhra Pradesh

CRLP/7247/2025 · 2025-07-20

Y Lakshmana Rao

body2025

Judgment text

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APHC010350322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7247 OF 2025 Between: Shanthappa Bodi @ Shanthappa, S/o. Venkataswamy, Aged 50 years, R/o. D.No. 134, Gudathata Gaddi Avuladoddi Village, Srinivasapuram Taluk, Kolar District, Karnataka State. ...Petitioner/Accused No.13 AND The State of Andhra Pradesh, rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. ...Respondent Petition under Section 482 of BNSS (Old Provision u./s 438 of Cr.P.C) praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to direct the Station House Officer, Ramasamudram Police Station to release the petitioner/accused No. 13 on bail in the event of his arrest in connection with Cr. No. 50/2025 of Ramasamudram Police Station, Annamayya District. Counsel for the Petitioner: SRI D. PURNACHANDRA REDDY Counsel for the Respondent PUBLIC PROSECUTOR The Court made the following ORDER: / APHC010350322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7247/2025 Between: SHANTHAPPA BODI ALIAS SHANTHAPPA, S/0. VENKATASWAMY, AGED 50 YEARS, R/0. D.NO. 134, GUDATHATA GADDI AVULADODDI VILLAGE, SRINIVASAPURAM TALUK, KOLAR DISTRICT, KARNATAKA STATE. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: D PURNACHANDRA REDDY Counsel for the Respondent/complainant: PUBLIC PROSECUTOR The Court made the following: ORDER: The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by 2 Dr. YLR, J Crl.P.No.7247 of 2025 Dated 21.07.2025 the petitioner/Accused No. 13 for granting of pre-arrest bail in connection with Crime No.50 of 2025 of Ramasamudram Police Station Annamayya District, registered for the alleged offences punishable under Sectionsi 91 (2). 191 (3), 126 (2), 109 (1), 118 (1), 115 (2), 61 (2) and 351 (2) read with 149 of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’). The case of the prosecution is that the de-facto complainant 2. alleged that he and Accused No.1, were working as coolies in Bangalore. Gorrela Gangadhar and his wife, Gayathri, were also working under Accused No.1. After Gayathri went missing with her younger son. a complaint was lodged and she was traced by the police and handed over to her husband. Suspecting Accused No.Ts involvement in his wife’s disappearance, Gangadhar informed village elders, and a panchayat was called. During the panchayat. Accused No.1 allegedly abused and assaulted Gangappa. Later, Accused No.2 (Krishnamurthy son of Accused No.1) and others reportedly went to Yerraboina village threatened the villagers, and created panic. Although a compromise was made on 07.06.2025, later that night at about 10:30 P.M., Accused Nos.1 to15 allegedly restrained the vehicles of the complainant's family and attacked them with rods, sticks, and sicl^'es, causing bleeding 3 Dr. YLR, J Crl.P.No.7247of2025 Dated 21.07.2025 injuries. The injured were shifted to Madanapalie Government Hospital. Later as the de-facto complainant brother and his son/Yeswanth suffering with serious injuries they were shifted to NIMHANS Hospital Bangalore for better treatment. Basing on the said report of the complainant, police registered a crime against the petitioner/Accused No. 13 and others. Sri. D.Purna Chandra Reddy, the 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 abide any conditions to be imposed by this Court, and it is urged to grant pre-arrest bail to the petitioner/Accused No. 13. 3. 4. Per contra, Ms.P.Akila Naidu, the learned Assistant Public Prosecutor, opposed in granting of pre-arrest bail stating that investigation is not completed; if the petitioner is enlarged on pre-arrest bail, he would not be available for the investigation and he will repeat the same offence; and it is urged to dismiss the bail application. 5. Perused the record. Dr. YLR, J Crl.P.No.7247of2025 Dated 21.07.2025 6. As seen from the record, there are specific overt acts attributed against the petitioner that he was allegedly beat Yeswanth with an iron rod along with one Narasimhulu, who is arrayed in the FIR. 7. In view of the gravity and nature of specific allegations leveled against the petitioner/Accused No. 13, there are no merits in the Criminal Petition for grant of pre-arrest bail to the petitioner/Accused No. 13. In the result, the Criminal Petition is dismissed. 9. However, as per the request of the learned petitioner, liberty is given to the petitioner/Accused No. 13 to 8. counsel for the surrender before the learned jurisdiction Magistrate concerned, and move an appropriate application before the learned Magistrate. The learned jurisdiction Magistrate shall endeavor to dispose of the application own merits and pass appropriate orders within a reasonable time on its preferably in two (02) days. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// ECTION OFFICER To, 1. The II Additional District & Sessions Judge, Madnapalle. 2. The Station House Officer, Ramasamudram Police Station, Annamayya District. 3. One CC to SRI. D. PURNACHANDRA REDDY Advocate [OPUC] 4. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh at Amaravati. [OUT] 5. Two CD Copies Chp Cnr I CHP HIGH COURT DATED:21/07/2025 ORDER CRLP NO. 7247 OF 2025 DISMISSING THE CRIMINAL PETITION