Extracted from the PDF above. The PDF is authoritative.
_`= --- -1€-i lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA- THURSDAY, THE FOURTEENTH DA,Y OF AUGUST TWO THOUSAND AND TWENTY FIVE .|PRESENT:
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO Between: CRIMINAL PETmON NO: 7366 OF 2025
1. Pasupuleti Mohan, age. 45 yrs, s/o late P. Krishnaiah, R/o.Gankuntapalli, NadimI-kandriga, Gurramkonda Mandal, Annamayya dist., Aadhaar No.928588429035. [A-1]
2. Derangula venkatramana, age 35 yrs, S/o late D.Ramurthy, R/o. GarikuntapaIIi, h/o Nadimikandriga, Gurramkonda mandaI, Annamayya dI'St., Aadhar No 848273496882. [A-2]
3. Upputholla Chinna reddeppa, age 37 yrs, S/o late u.venkatramana, R/o GarikuntapaIIi, NadimI'kandriga, Gurramkonda mandal, Annamayya dist., Aadhar No.820968247071. [A-3]
4. Kommiri udhay kumar, age. 20 yrs, S/o. K Shekar, R/o Garl'kuntapalII-, Nadimikandriga, Gurramkonda mandal, Annamayya dist., Aadhar No.360280493494. [A-4]
5. Pasupuleti chittamma, age.40 yrs, W/o. Mohan, R/o Carl-kuntaPalli, NadI'mikandriga, Gurramkonda Mandal Annamayya dist. [A-8] PETITIONER/ACCUSED 1 TO 4&8 AND state ofAndhra pradesh, Through its SHO, Gurramkonda p.s, Annamayya District, Rep by its public prosecutor, HI'gh Court ofA.P, RESPONDENT/COMPLAINANT petition under Sections 480 & 483 of BNSS (old Sections 437 & 439 of cr.p.c), praying that in the circumstances stated in the affidavit filed in support of the crI'minaI PetitI'On, the High Court may b'e pleased to enlarge the petitioners/Accused No.Al to A4 & A8 on bail in connection with cr.No.49 of 2025 on the file of Gurramkonc!a p`,lice Station, for the alleged offences section 191(3),118(1),109(1),132, 324(4) I/w 190 BNS, 3 PDPPA. The petition coming on for hearing, upon perusI'ng the Petition and the grounds filed in support thereof and upon hearing the arguments of sri VALLEPU REDDY NIKHIL GANESH, Advocate for the petl-tl-oners and of PUBLIC PROSECUTOR for the Respondent and the court made the following;
I_.1_I_.___ `-- - # ORDER: The Cr|lminal Petition has been filed under Sections 437 and 439 of the h} code of criminal procedure, 1973 (for brevity {the Cr.P.C.,J) and under sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity 'the BNSS'), seeking to enlarge the petitioners/Accused Nos.1 to 4 and 8 on bail in Cr.No.49 of 2025 of Gurramkonda Police Station, Annamayya District registered against the Petitioners/Accused Nos.1 to 4 and 8 herein for the offence punishable under sections 191(3),118(1),109(1),132, 324(4) r/w 190 BNs, 3 PDPPA. 2.
2. The case of the prOSeCuti'On in nutshell iS that On ll.06.2025 at 12:30 AM near Gerikuntapalli village, Gurramkonda Mandal, the complainant Bukya Nagaraja Naik, Head Constable of Gurramkonda Police Station, along with police staff, objected tO accused Persons PerfOrm|lng Obscene dances With transgenders in a public place. This led to a sudden quarrel, during Which Accused Nos.1 to ll formed `an unlawiul assembly and attacked the complainant and police with sticks and Stones, attempted tO Snatch the complainant's mobile phone, Obstructed police duties, and damaged Public property. The complainant reported the incident at 06:00 AM for necessary legal action against Accused Nos.1 to ll and others. A case was registered accordingly, and the arrested persons were remanded to judicial custody. 3. Heard learned counsel for the Petitioners and the learned Assistant public prosecutor. perused the recorc:. _ .:pJ S` `. \..-
E=
4. Sri Vallepu Reddy Njkhil Ganesh, the learned counsel forthe petitioners submits that the petitioners have not committed any offence; petitioners were t| falsely implicated by the police in the crime; petitioners are the sole breadwinners; petitioners would abide by any conditions to be imposed by this Court; and urged to allow the petition. 5. Perconfra, Ms. P. Akila Naidu, the learned Assistant Public Prosecutor, opposed in granting of bail stating that some more material wI'tneSSeS have tO be examined,I investigation is not completed; if the petitioners are enlarged on t bail, they would not be available for the investigation and they would escape from the clutches of law; and urged to dismiss the bail petition. 6. As seen from the record, it is clear that so far the investigation officer has examined seven witnesses. The petitioners were arrested on 12.06.2025. Nearly for the past 70 days they have been in the judicial custody. The investigating officer has not filed charge sheet in this case. Material portion of investigation is completed. All the witnesses of the prosecution are official witnesses. Hence, the question of pet:tioners influencing or threatening the witnesses or hampering the investigation may not arise. 7. KeepI'ng in View Of the Period Of detention undergone by the petitioners in judicI-al Custody, the nature and gravity of allegation levelled against the Petitioners, and their alleged role in the case, this court is inclined to enlarge the petitioners on bail with the following stringent conditions. ``-``o crI -T_-i
g 5
8.
In the result, the Criminal Petition is allowed with the following conditions: i. The petitioners/Accused Nos.1 to 4 and 8 shall be enlarged on bail subject to them executing a personal bond for a sum of Rs.10,000/-(Rupees Fifty thousand only), with two sureties each for the like sum each to the satisfaction of the learned Judicial First Class Magistrate, Vayalpad. ii. The petitioners/Accused Nos.1 td 4 and 8 shall appear before the station House Offi6er, Gurramkonda Police Station, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii. The petitioners/Accused Nos.1 to 4 and 8 shall not leave the limits of the District without prior permission from the Station House Officer concerned. iv. The petitioners/Accused Nos.1 to4 and 8 shall notcommit or indulge in commission of any offence in future. v. The petitioners/Accused Mos.1 to 4 and 8 shall cooperate with the investigating officer in further investigation of the case and shall make themselves available for interrogation by the investigating officer as and when required. vi. The petitioners/Accused Nos.1 to 4 and 8 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade
I- __ them from disclosing such facts to the court or to any police officer. 8. Accordingly, the Criminal Petition is allowed. SD/-M.SRINIVAS ASSIS SECTl //TRUE COPY// For _ \ To,. 1. The Judicial Magistrate of First Class, Vayalpad
2. The XI Additional District & Sessions Judge:: Pl-ler
3. The Superintendent, Sub-Jail, Madanapal[i, Chittoor District
4. The Station House Officer, Gurramkonda Police Station
5. One CC to SRl. VALLEPU REDDY NIKHIL GANESH Advocate [OPUC] 6, Two CCs to Public E>rosecutor, High Court ofAP [OUT]
7. One spare copy KJ ts.-----i-a lSTRAR
HIGH COURT DR.YLR,J DATED: 14/08/2025 BAIL ORDER CRLP.No.7366 of 2025 ALLOWED