Anand @ Yamala Anand v. The State of Andhra Pradesh
CRLP/7345/2025 · 2025-07-21
Y Lakshmana Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 25140 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25140 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
+ I IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY ,THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE .|PRESENT:
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO Between: CRIMINAL PETITION NO: 7345 OF 2025 ife5ife
1. Anand @ yamala Anand, s/o venkatramana, Aged about 35 years, occ- software Employee, R/o GarikuntapaIIi H/o Nadimjkandriga, Gurramkonda Mandal, Annamayya District (A5)
2. Pandu @ pasupuleti Prasanth Kumar, S/o P. Mohan, Aged about 19 years, occ- student, R/o Carl-kuntaPaIIi H/o Nadiml'kandriga, Gurramkonda Mandal, Annamayya District (A6)
3. Edagotti Reddeswara, s/o Reddeppa, Aged about 26 years, occ- Agriculture coolI-, R/o Garjkuntapallj H/o Nadimjkandriga, Gurramkonda Mandal, Annamayya District (A7)
4. Naveen @ pasupuleti Naveen Kumar, s/o Devaral'ah, Aged about 24 years, occ-software Employee, R/o Garikuntapalli H/o Nadiml-kandrI-ga, Gurramkonda MandaI, Annamayya District (A9)
5. Ashok @ pasupuleti Ashok Kumar, s/o Devaraiah, Aged about 21 years, occ AgrI-Culture Cooli, R/o Garikuntapalli H/o Nadimikandriga, Gurramkonda Mandal, Annamayya District (A 10)
6. Madhu @ D. Madhu, s/o sudhakar, Aged about 21 years, occ- Agriculture cooli, R/o Garikuntapalli H/o Nad]-mI-kandrI-ga, Gurramkonda MandaI, Annamayya District (All)
7. Ba{hula venkateswarlu, S/o Venkatramana, Aged about 36 years, occ- software Employee, R/o GarikuntapaIIi H/o NadI'm,-kandrI-ga, Gurramkonda MandaI, Annama5Aya District (A 12)
8. Santhosh @ K. San{hosh, s/o K. Venkatramana, Aged about 24 years, occ- AgrI-Culture cooli, R/o Garikuntapalli H/o NadimI-kandr,-ga, Gurramkonda Mandal, Annamayya District (A 13) PetitI-OnerS/Accusecl
LT_~.`tT-+ • ,+*in`+ u---~.-- r I.\l Dr. YLR, J CrI.P.No.7345 of 2025 Dclted 22.O7.2025 AND The s{a{e ofAndhra pradesh, Rep.by public Prosecutor, Through station House officer, Gurramkonda police statIOn, Annamayya DlstrI'Ct, A.P High Court, Amaravathl-, Guntur District Respondent :____.. _,,u~, uculluH qOZ OT I5NSS, 2023(Section 438 of cr.p.c), is filed praylng that l'n the circumstances stated ln the memorandum of grounds filed I-n Support of the Crimlnal Petltlon, the HIgh Court may be pleased to dI-reCt the Station House officer, Gurramkonda poll'ce statlon, Annamayya DjstrI'Ct to enlarge the petjtIOners on ball ln the event of the,r arrest in connection with crI-me No.49 of 2025, Dt.ll.06.2025 of Gurramkonda police Station, Annamayya DI-Strl'Ct. The petI|tiOn coming on for hearI-ng, upon perusI'ng the Petl-tl'on and the memorandum of grounds filed in support thereof and upon hearI-ng the
arguments of sri SURESH KUMAR REDDY KALAVA, Advocate for the petjtIOner and of PUBLIC PROSECUTOR for Respondent, the court made the following
ORDER: petition under section 482 of BNSS, The Criminal petition has been filed under sectI-On 482 of the Bharatiya NagarI'k Suraksha sanhita, 2023 (for brevI-ty 'the BNSS') by the Petitioners/Accused Nos..5 to 7 and 9 to 13 for granting of pre-arrest bail in / connection with crime No.49 of 2025 of Gurramkonda poll-Ce Station, Annamayya District, registered for the alleged offences punI-Shable under
3 Dr. YLR, J crI.P.No.7345 of 2025 Dclted 22.07.2025 sections 191 (3),118 (1),109 (1),132, 324 (4) read with 190 of the Bharatiya Nyaya Sanhita, 2023 (for brevity [the BNS]) and Section 3 of the prevention of Damage to Public Property Act. 2. The case of the prosecution is that on 10.06.2025 during the night hours the de-facto complainant i.e., Head Constable and Home-guard were deputed to control the law and order situation in the Jathara at Nadimikandriga Village. When the de-facto complainant v'lSited the Village, the accused were trying to play recording dance with hizraS. The de-facto complainant, being Head Constable along with Home-guard, tried to stop them. The de-facto complainant telephoned to his superiors. The Accused No.3 and other accused abused the de-facto COmPlainant and Home- guard. The de-fac{o complainant and Home guard ran towards jeep. The accused pelted the stones with an intention to kill the de-facto complainant and another. Based on the report of the complainant, a case was registered against the petitioners/Accused Nos.5 to 7 and 9 to 13. 3. Sri Suresh Kumar Reddy Kalava, the learned counsel for the petitioners, submits that the petitioners have not committec] any offence; they were falsely implicated in this case; they are the sole breadwinners of their family; they are ready to abide any conditions tO be imposed by this court; and urged to grant pre-arrest bail to the petitioners/Accused Nos.5 to 7and9to13. iiii-F
4 Dr. YLR, J Crl.P.No.7345 of 2025 Dated 22.07.2025
4. Per confra, Ms.P.Akjla Naidu, the learned Assistant public prosecutor, opposed in granting of bail stating that investigation is not yet completed; I'f the petitioners are granted pre-arrest baj[, they will repeat the same offence and urged to dismiss the bail petition. 5. Perusedtherecord. 6. As seen from the record, the allegations leveled aga]-nst petI|tiOnerS/Accused Nos[ 5 to 7 and 9 to 13 are that they formed an unlawful assembly and obstructed the de fac{o complainant and other police offI-Cial jn the discharge of their lawiu[ duties.
In this case, Accused Nos.1 to 4 and 8 were arrested in the course of jnvestjgation. The petjtl®oners are Accused Nos. 5 to 7 and 9 to 13. PetitI'Oner No.1/Accused No.5 is working as a software Engineer I-n persistent, Bangalore; Petitioner No.4/Accused No.9 js working as a software Engineer in MphasI|S, Bangalore,I Petjt['oner No.7/Accused No.12 I'S working as a Software Engineer in Birlasoft,- and petjtI'Oner No.2/Accused No.6 is a student, aged about 19 years. AIthough all the petI'tjOnerS Were part of the unlawful assembly, the intention I-S immaterial. However, the petl'tioner Nos.1, 2, 4, and 7 happened to have come to the village for vacations. 7. Cons]-derjng the nature of the allegations levelled agaI-nSt the petitioners and the alleged role played by them, the request for petitioner Nos.1, 2, 4, and 7 I-S convincing and reasonable for enlarging them on
5 Dr. YLR, J CrI.P.No.7345 of 2025 Dated 22.07.2025 Pre-arrest bail, whereas the request for petitioner Nos.3, 5, 6, and 8 is not Perceived aS justifiable. Hence, the petition filed on behalf of petitioner Nos. 3, 5, 6, and 8 is dismissed. This Court deems it fit to grant pre-arrest bail to petitioners/Accused Nos. 5, 6, 9, and 12. 8. In the result, the CrimI'nal Petition is partly allowed with the followl-ng conditions.I i. ln the event of their arrest, the petitioners/Accused Nos.5, 6, 9 and 12 shall be enlarged on bail subject to them executing a Personal bond for a Sum Of Rs.10,000/- (Rupees Ten Thousand only), each with two sureties for the like sum each to the satisfaction of the arresting police officials,- ii. The petitioners/Accused Nos.5, 6, 9 and 12 shall cooperate With the Investigation Officer and shall make themselves available for investigation as and when required; iii. The petitioners/Accused Nos.5, 6, 9 and 12 shall not cause any threat, inducement or promise to the Prosecution Witnesses; I'V. The petitioners/Accused Nos.5, 6, 9 ancl 12 shall surrender their passports, if any, to the Investigating Officer. If they claim that they do not have passports, they shall submit an affidavit to the Investigating officer to the effect. 6 Dr.
YLR, J CrI.P.No.7345 of 2025 Dated 22.07.2025 v. The petitioners/Accused Nos.5, 6, 9 and 12 shall not commit or indulge in similar offences I-n future. 9. The learned counsel for the petitioners urges thl's court to grant liberty to the remaining petI-tiOnerS i.e., PetI-tiOner Nos.3, 5, 6, and 8, who have surrendered before +the learned Judicial Magistrate of First class concerned. 10. Considering the nature of the allegations and the fact that their names were mentioned in the report lodged by the de-facto complainant/Head Constable, granted liberty to the petI-tl-Oner Nos.3, 5, 6, and 8 to surrender before the learned Judicial Magistrate of First Class concerned wI|thin a PerI-Od Of One (01 ) week from the date of receipt of a copy of this order, and to move an appropriate application for their release. ll. The learned Judicial Magistrate of First class concerned is
directed to consider the appII-CatiOn and dispose Of the Case On its own merits in accordance with law, as early as possible, preferably within two (02) days. To, //TRUE COPY// ASSIS For ASSIS _.I / Sd/- N NAGAMMA TTREGG ISTRAR ISTRAR
1. the Judicial MagI'Strate Of First class, Vayalpad. 2, The Station House Officer, Gurramkonda police Station, Annamayya District.
3. One CC to SRl. SURESH KUMAR REDDY KALAVA Advocate [opuc] JI T||J-A--1_ Jl| -I |t-I I-----_ _ _ __
HIGH COURT DR.YLR,J DATED..22/07/2025 BAIL ORDER CRLP.No.7345 of 2025 ALLOWED