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2025 DAILYLAW 25094 (AP)

C G Raja Sekhar Reddy v. The State Of Andhra Pradesh

CRLP/7341/2025 · 2025-08-29

Y Lakshmana Rao

Civil Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010354682025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) SATURDAY,THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: Between: 1. C G RAJA SEKHAR REDDY, C.G.RAJA SEKHAR REDDY ALIAS YEDDULA GOPALA REDDIGARI RAJA SEKHAR REDDY S/O C.A.GOPALA REDDY, AGED 43 YEARS, OCC CULTIVATION, R/O CHERLOPALLI (V), PARIGI (M), SRI SATHYA SAI DISTRICT 1. THE STATE OF ANDHRA PRADESH, BY PUBLIC PROSECUTOR AMARAVATI 2. P R VASANTHA LAKSHMAMMA, W/O. C.A.PRABHAKAR REDDY, AGED 58 YEARS, OCC.HOUSEWIFE, R/O. CHERLOPALLI (V), PARIGI (M), SRI SATHYA SAI DISTRICT. RESPONDENT NO.2 IS IMPLEADED AS PER THE I.A.NO.1 OF 2025 IN CRL.P.NO.7341 OF 2025. Counsel for the Petitioner/accused: 1. N CHANDRA SEKHAR REDDY Counsel for the Respondent/complainant(S): 1. T D PANI KUMAR 2. PUBLIC PROSECUTOR 3. LEGAL AID IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SATURDAY,THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7341 OF 2025 C G RAJA SEKHAR REDDY, C.G.RAJA SEKHAR REDDY ALIAS YEDDULA GOPALA REDDIGARI RAJA SEKHAR REDDY S/O C.A.GOPALA REDDY, AGED 43 YEARS, OCC CULTIVATION, R/O CHERLOPALLI (V), PARIGI (M), SRI SATHYA SAI DISTRICT ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, BY PUBLIC PROSECUTOR P R VASANTHA LAKSHMAMMA, W/O. C.A.PRABHAKAR REDDY, AGED 58 YEARS, OCC.HOUSEWIFE, R/O. CHERLOPALLI (V), PARIGI (M), SRI SATHYA SAI DISTRICT. RESPONDENT NO.2 IS IMPLEADED AS PER THE COURT'S ORDER DATED 21.08.2025 IN I.A.NO.1 OF 2025 IN CRL.P.NO.7341 OF 2025. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: N CHANDRA SEKHAR REDDY Counsel for the Respondent/complainant(S): PUBLIC PROSECUTOR IN THE HIGH COURT OF ANDHRA PRADESH [3521] THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO C G RAJA SEKHAR REDDY, C.G.RAJA SEKHAR REDDY ALIAS YEDDULA GOPALA REDDIGARI RAJA SEKHAR REDDY S/O C.A.GOPALA REDDY, AGED 43 YEARS, OCC CULTIVATION, R/O CHERLOPALLI (V), PARIGI (M), SRI SATHYA SAI DISTRICT ...PETITIONER/ACCUSED THE STATE OF ANDHRA PRADESH, BY PUBLIC PROSECUTOR P R VASANTHA LAKSHMAMMA, W/O. C.A.PRABHAKAR REDDY, AGED 58 YEARS, OCC.HOUSEWIFE, R/O. CHERLOPALLI (V), PARIGI (M), SRI SATHYA SAI DISTRICT. RESPONDENT NO.2 IS COURT'S ORDER DATED 21.08.2025 IN ...RESPONDENT/COMPLAINANT(S): 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 the petitioner/Accused for granting of pre-arrest bail in connection with Crime No.178 of 2024 of Parigi Police Station, Sri Sathya Sai District, registered for the alleged offences punishable under Sections 74, 79, 351(2) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’) . 2. The case of the prosecution is that a report was given to the Police by the defacto complainant alleging that on 06.12.2024 at 6.30 p.m, when he and his wife were at their house, the Accused highhandedly dragged his wife on to his motor cycle, went away with her with an intention to outrage her modesty and caused bleeding injuries by nurturing personnel grudge against her out of civil dispute between them. 3. Mr. N. Chandra Sekhar Reddy, the learned counsel for the Petitioner contends that the Petitioner is an innocent of the alleged offence and has been falsely implicated by the police. It is further submitted that the Petitioner is the sole earning member of the family and, he is ready to abide any conditions that may be imposed by this Court, and it is urged to grant pre- arrest bail to the Petitioner. 4. Per contra, Ms. P. Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of pre-arrest bail to the petitioner, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the petitioner is released on pre-arrest bail, there is a strong likelihood that they may abscond, thereby hampering the ongoing investigation and evading the process of law. In view of the foregoing, it is urged that the petition be dismissed. 5. Mr. T.D.Phani Kumar, learned Legal Aid Counsel for Respondent No.2 reiterated the submissions made by the learned Assistant Public Prosecutor and urged to dismiss the Criminal Petition as there are specific overt acts attributed against the Petitioner. 6. Heard the learned counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record. 7. As seen from the FIR and other statements, there are specific overt acts attributed against the Petitioner that he caught hold of tuft of the victim and dragged her. He also dragged the victim by caught hold of her saree in the street and insulted her with abusive language. Based on the Wound Certificate, the Investigating Officer added 118(2) of BNS. Section 137(2) was also added. 8. In view of specific overt acts attributed against the Petitioner, granting of the pre-arrest bail to an accused would amount to providing a shield or protection for having allegedly committed an offence, as per the dicta of the judgments of the Hon’ble Apex Court in Gurbaksh Singh Sibbia v. State of Panjab1and Sushila Aggarwal v. State of Delhi2. 9. In view of specific role allegedly played in this case by the Petitioner, he is disentitled to get pre-arrest bail. Hence, this Court does not deem it fit to grant pre-arrest bail to the Petitioner. 10. In the result, the Criminal Petition is dismissed. ________________________ DR. Y. LAKSHMANA RAO, J Date: 30.08.2025 KK 1(1980) 2 SCC 565 2(2020) 5 SCC 1 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7341 OF 2025 30.08.2025 KK