Katia alias Katta Venu Gopal alias Khal Nayak v. The State of Andhra Pradesh
CRLP/7293/2025 · 2025-07-20
Y Lakshmana Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 24971 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 24971 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7293 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 petitioner/Accused on bail in P.R.C.No.40 of 2025 on the file of the learned III Additional Metropolitan Magistrate, Vijayawada, arising out of Crime No.40 of 2025 of S.N.Puran Police Station, Vijayawada City.
2.
Facts, in brief, of the case are that due to frequent disputes with her husband, the de-facto complainant is residing separately along with her daughter at Rajahmundry. On 06.02.2025, at about 06.00p.m, when the de-facto complainant visited Vijayawada, while walking towards Gandhi Nagar to have breakfast, her husband came in an auto and asked her to come with him. When the de-facto complainant refused, he started arguing and started abusing in vulgar language. Further, threatened her to kill by saying,“This is your last day, I will kill you”. Saying so, he took a cutter blade from his pocket and attempted to slash her neck. When the de-facto complainant tried to escape, he caused a bleeding injury on her left cheek and right palm. 3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 4. Sri. G. Srinivasa Rao, learned counsel for the petitioners submits that the petitioner is the sole accused. The petitioner has not committed any offence and
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he was falsely implicated in this case. The petitioner would abide by any condition to be imposed by this court. 5. Per contra, Ms. P. Akila Naidu, the learned Assistant Public Prosecutor, opposed in granting of bail stating that there is rowdy sheet pending against the petitioner and he is habitual offender.If the petitioner is enlarged on bail, he would not be available for the inquiry/trial and he would escape from the clutches of law; and it is urged to dismiss the bail petition. 6. As per the record, the charge-sheet was filed in this case and the case is at P.R.C. stage. The petitioner is a rowdy-sheeter vide rowdy sheet No.2 of 2021 and there are 34 antecedents reported against the petitioner. In this case, LWs.2 & 3 are the direct eye witnesses. The defacto complainant/victim sustained bleeding injuries to her cheek and hands by the alleged acts of the petitioner. Since a prima facie case is made out against the petitioner, and keeping in view the nature of the allegations leveled against the petitioner and his alleged role played in this case, the petitioner is not entitled for regular bail, at this juncture. 7. In view of above facts and circumstances of the case, this Court is not inclined to consider request of petitioner for enlarging the petitioner on bail. 8. Hence, this criminal petition is dismissed.
____________________________ DR JUSTICE Y. LAKSHMANA RAO
21.07.2025. PKR
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THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
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CRIMINAL PETITION NO: 7293 of 2025
21.07.2025. PKR