APHC010351202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 0^0 0t WEDNESDAY.THE TWENTY THIRD DAY OF TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI CRIMINAL PETITION NO: 7350 OF 2n9f; JULY PRATAPA Between: 1. M Raja Babu, S/o Adinarayana , Aged about 42 Pa mu ray Pradesh.515001. 2. M. Ramu, S/o Narsimhulu, Aged about 46 Years, Pamuray, Ananthapur Rural Pradesh.515001. 3. M. Satyanarayana, S/o Rama Krishnaiah, Pamuray, Pamuray Pr^esh.515001. 4. M. Nagaraju, S/o (Late Suryanarayana) No. 3/55, Pamurai, Pamurai, Andhra Pradesh 515001. 5. M. Srinivasulu, S/o Suryanarayana, aged about 40 years, R/o. D.No. 3/55, Pamurai, Pamurai, Somuladoddi, Ananthpur District, Andhra Pradesh - 515001 years, R/o. D.No. 3-54, District, Pamuray mandal, Ananthapur Andhra R/o. D.No. 3-54A, Ananthapur District, Andhra mandal. Aged about 39 Years,R/o. Ananthapur District, mandal. Andhra aged about 42 years, R/o. D. Ananthapur Rural, Ananthapur District, ...Petitioners/Appellants AND 1. The state ofAndhra Pradesh, Rep. by Its Public Prosecutor of Amaravathi. High court ...Respondent r 2. J Sai Kumar, S/o Dasharatha, Aged about 24 years, R/o. Teachers Colony Pamidi village, Pamidi Mandal, Ananthapur District, Andhra Pradesh. ...Respondent/Defacto Complainant Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to set-aside the orders dated 29-04-2025 in CrI. Revision, Petition. No. 9 of 2025 on the file of VI Additional District and Sessions Judge, Gooty and the orders dated 05-12-2024 in CrI. M.P.No. 183 of 2024 on the file Judicial Magistrate First Class in Cr. No. 156 of 2024 of Peddavaduguru P.S., Ananthapuram District, dated 09-11-2024. lA NO: 1 OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant interim Custody of the 30 oxes belonging to the petitioner seized in Crime No. 156 of 2024 by the 1®* respondent. Counsel for the Petitioners: SRI. K V RAGHU VEER Counsel for the Respondents: PUBLIC PROSECUTOR The Court made the following order: 1 APHC010351202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY. THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7350/2025 Between: 1.M RAJA BABU, S/0 ADINARAYANA , AGED ABOUT 42 YEARS,R/0. D.NO. 3-54,PAMURAY, PAMURAY MANDAL. ANANTHAPUR DISTRICT, ANDHRA PRADESH.515001. 2.M. RAMU, S/0 NARSIMHULU, AGED ABOUT 46 YEARS, R/0. D.NO. 3-54A, PAMURAY, ANANTHAPUR RURAL MANDAL, ANANTHAPUR DISTRICT, ANDHRA PRADESH.515001. 3.M. SATYANARAYANA, S/0 RAMA KRISHNAIAH, AGED ABOUT 39 YEARS,R/0. PAMURAY, PAMURAY MANDAL, DISTRICT, ANDHRA PRADESH.515001. 4.M. NAGARAJU, S/0 (LATE SURYANARAYANA), AGED ABOUT 42 YEARS, R/0. D. NO. 3/55, PAMURAI, PAMURAI, ANANTHAPUR RURAL. ANANTHAPUR DISTRICT, ANDHRA PRADESH 515001. 5.M. SRINIVASULU, S/0 SURYANARAYANA YEARS, R/0. D.NO. 3/55, PAMURAI, PAMURAI, SOMULADODDI, ANANTHPUR DISTRICT, ANDHRA PRADESH - 515001 ANANTHAPUR AGED ABOUT 40 ...PETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. PROSECUTOR, HIGH COURT OF AMARAVATHI. 2.J SAI KUMAR, S/0 DASHARATHA, AGED ABOUT 24 YEARS, R/0. PAMIDI VILLAGE, PAMIDI MANDAL, BY ITS PUBLIC TEACHERS COLONY ANANTHAPUR DISTRICT, ANDHRA PRADESH. ...RESPONDENT/COMPLAINANT{S); Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to set- aside the orders dated 29-04- 2025 in CrI. Revision Petition. No. 9 of 2025 on the file of IV Additional District and Sessions Judge, Gooty and the orders dated 05-12-2024 in CrI. M.P.No. 183 of 2024 on the file Judicial Magistrate First Class in Cr. No. 156 of 2024 of Peddavaduguru P.S., Ananthapuram District, dated 09-11-2024 and pass lA NO: 1 OF 2n2.S Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition the High Court may be pleased Counsel for the Petitioner/accused(S): 1.K V RAGHU VEER Counsel for the Respondent/complainant{S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7350/2025 ORDER: The instant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C)/under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the Petitioners, seeking to set aside the order dated 29.04.2025 passed in Criminal Revision Petition No. 9 of 2025 by the VI Additional District and Sessions Judge, Gooty and the order dated 05.12.2024 in Crl.M.P.No.183 of 2024 in Cr.No.153 of 2024 by the Judicial Magistrate of First Class, Gooty, dismissing the petition filed by the petitioners seeking interim custody of 30 Oxes, which were seized. Heard Sri K.V.Raghuveer, learned counsel for the petitioners and Ms. 2. K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. Learned counsel for the petitioners would submit that the petitioners are 3. lawful owners of 30 Oxes, which were seized by the Police while they were transporting, on the basis of complaint given by the defacto complainant/respondent No.2. The petitioners purchased these Oxes as a means of sustaining their livelihood. Given the critical role these cattle play in the petitioner’s livelihood, they now seek the interim custody of the seized cattle. The Petitioners undertake to produce the cattle whenever required and guarantees that they will not dispose of the same pending the matter. 4 m 4. It is submitted by the learned counsel for the Petitioners and acceded to, by the learned Assistant Public Prosecutor that the subject matter of this Criminal Petition is squarely covered by the similar orders passed by a Coordinate Bench of this Court in Criminal Revision Case No.233 of 2025 \ dated 09.05.2025. 5. Learned Assistant Public Prosecutor would further submit that the petition may be disposed of in the similar terms and conditions. 6. In similar circumstances, a Coordinate Bench of this Court passed orders in Criminal Revision Case No.233 of 2025 dated 09.05.2025, the relevant portion of which is extracted hereunder: “7. Having considered the facts and circumstances of the case, the submissions advanced by the learned counsel for the petitioner and the learned Assistant Public Prosecutor, as well as the undertaking furnished by the petitioner, this Court is inclined to dispose of the revision case by imposing the following conditions, with the intent of ensuring the protection of the property during the course of trial and safeguarding the scheduled bulls from any possible misuse by the ^£^etitioner: (1) The 1st respondent-police shall release the two ash coloured bulls and three red coloured bulls to the petitioner and the petitioner shall maintain the bulls by giving sufficient food and water. (2) The 1st Respondent Police shall conduct a panchanama in the presence of a Revenue Official and two respected elders from the locality where the bulls are currently kept, ensuring that each bull is properly identified and marked with a seal and label. (3) The petitioner shall take the scheduled bulls to the veterinary hospital at his expenses for examination by the veterinary doctor regarding their age and health condition of the bulls and the report of the veterinary doctor shall be submitted to the 1st respondent police. (4) The petitioner shall inform the S.H.O., concerned regarding death or any other ill-health of the bulls and on such incident, the S.H.O., shall conduct panchanama and submit report before the Trial Court. (5) The petitioner shall execute a personal bond of Rs. 1,00,000/- (Rupees One lakh only) with two local sureties by executing their personal bonds likewise for which the petitioner and sureties are 5 jointly and severally liable if there is any violation against the released scheduled bulls. 8. Accordingly, the Criminal Revision Case is allowed” Hence, following the said Orders passed by a Coordinate Bench of this Court in Criminal Revision Case No.233 of 2025, and taking into consideration of the facts and circumstances of the case, this criminal petition is allowed, setting aside the order dated 29.04.2025 passed in Criminal Revision Petition No. 9 of 2025 by the VI Additional District and Sessions Judge, Gooty and the order dated 05.12.2024 in Crl.M.P.No.183 of 2024 in Cr.No.153 of 2024 by the Judicial Magistrate of First Class, Gooty. The petitioners are granted interim custody of the cattle by imposing the following conditions, with the intent of 5. ensuring the protection of the property during the course of trial and safeguarding the scheduled cattle from any possible misuse by the petitioners: (1) The police shall release the 30 Oxes to the petitioners and the petitioners shall maintain the cattle by giving sufficient food and water. (2) The Police shall conduct a panchanama in the presence of a Revenue Official and two respected elders from the locality where the cattle are currently kept, ensuring that each bull is properly identified and marked with a seal and label. (3) The petitioners shall take the scheduled bulls to the veterinary hospital at their expenses for examination by the veterinary doctor 6 m regarding their age and health condition of the bulls and the report of the veterinary doctor shall be submitted to the police. (4) The petitioners shall inform the S.H.O., concerned regarding death or any other ill-health of the bulls and on such incident, the S.H.O.. shall conduct panchanama and submit a report before the Trial Court. (5) The petitioners shall execute a personal bond of Rs.1,00,000/- (Rupees One lakh only) with two local sureties by executing their personal bonds likewise for which the petitioners and sureties jointly and severally liable if there is any violation against the released scheduled bulls. are 6. In the result, the Criminal Petition is allowed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- K J RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The VI Additional District and Sessions Judge 2. The Judicial Magistrate First Class, Gooty. 3. The Station House Officer, Peddavaduguru P.S., Ananthapuram District 4. One CC to Sri. K V Raghu Veer, Advocate [OPUC] 5. Two CCS to Public Prosecutor, High Court of Andhra 6. Two CD Copies , Gooty. Pradesh [OUT] PR sree HIGH COURT DATED:23/07/2025 (f| 0 5 AdG 20?5 ^ Currenl Section . ' ORDER CRLP NO. 7350 OF 2025 f"j; ALLOWNIG THE CRLP