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High Court of Andhra Pradesh · body

2025 DAILYLAW 25692 (AP)

H.Suresh Babu, v. The State of Andhra Pradesh

CRLP/7508/2025 · 2025-07-31

Y Lakshmana Rao

body2025

Judgment text

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€\ .`/ IN THE HIGH COURT OF ANDHRA PRADESH AT ANIAF`A YATh FRIDAY, THE FIRST DAY OF AUGUST, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y| LAKSHMANA CRIMINAL PETITION NO: 7508 OF 2025 f Between.I 1. H.Suresh Babu, s/o. Name, (A2) Aged about 38 years, occ.- dal'Iy wage earners, R/o. 27-653, Ambedkar Nagar, Ananthapuram Town, Ananthapur DistrI'Ct. 2. Harijana Ravl', S/o. Naganna, (A3) aged about 34 years, occ- daily wage earners, D.No.27-653, Ambedkar Nagar, Ananthapuram Town, Ananthapur DistrI-Ct 3. H.Naganna, s/o. Ganganna, (A6) Aged about 66 years, occ- RTC Retired employee R/o. 27-653, Ambedkar Nagar, Ananthapuram Town, Ananthapur District. 4. C.Ajay Kumar, s/o. D.Chinna Mareppa, (A7) age 31 years, occ- Attender in Hl-ndupur Municipality, R/o. d.No.17-8-44, BabujI-nagar, Hl'ndupuruam town, presently residing at Hasnabad Hindupuruam Town, satyasai District 5. H.Govindamma, w/o. Late Bramaiah (A10) Aged about 54 years, Occ- swepper in Anan{apur Municipality, R/o. 27-652, Ambedkar Nagar, Ananthapuram Town, Ananthapur District. 6. Sake Swathi, D/o. Sake Bramaiah (All) Aged about 30 years, occ- daily wage earners, R/o. D.No.27-652, Ambedkar Nagar, Ananthapuram Town, Anan{hapur DistrI-Ct REesES_ / \_ +I I. t 7. G,Kullayamma, W/o. Chinna Mareppa, (A12) Aged about 40 years, Occ-daily wage earners, R/o.12-8-44, Bapujinagar, Hindupur, Satyasai District. 8. H.Durgamma, W/o. Naganna, (A13) Aged about 60 years, Occ- Swepper in Anantapur Municipality,. R/o. 27-653', Ambedkar Nagar, Ananthapuram Town, Ananthapur District. 9. M.Syam, S/o. Narayana, (A14), Aged about 60 years, Occ-daily wage earners, R/o. D.No.27-605, Ambedkar Nagar, Ananthapuram Town, Ananthapur District. petitioners/A2, A3, A6, A7, A10 to A14 AND The State of Andhra Pradesh, Rep.by the Public Prosecutor, High Court of AP, Amaravathi. Respondent/Comp[ainant Pet'ltion under Section 482 of BNSS/438 of Cr.P.C., is filed praying that in the circumstances stated in the grounds filed in support of the petition, the High Court may be pleased to direct release of the petitioners on bail in the event of their arrest pursuant to registration 'of crime (FIR) No. 21 of 2024 of Anantapur-I Town Police Slat-Ion, Ananthapuram, Ananthapuramu District, Pending enquiry and trial. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri. SHAIK MEERAVALI Advocate for the Petitioners and of PUBLIC PROSECUTOR for the Respondent; The .Court: made the fo[[owing ORDER: EEEEE -'r''r_- -- APHCO10363322025 EHE ET]TRE lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7508/2025 [3521] Between : 1.H.SURESH BABUH S/O. NAME, (A2) AGED ABOUT 38 YEARS, OCC- DAILY WAGE EARNERS R/O. 27-653, AMBEDKAR NAGAR, ANANTHAPURAM TOWN, ANANTHAPUR DISTRICT. 2.HARIJANA RAVI, , S/O. NAGANNA, (A3) AGED ABOUT 34 YEARS, OCC-DAILY WAGE EARNERS, D.NO.27-653, AMBEDKAR NAGAR, ANANTHAPURAM TOWN, ANANTHAPUR DISTRICT 3.H.NAGANNAu S/O. GANGANNA, (A6) AGED ABOUT 66 YEARS, OCC-RTC RETIRED EMPLOYEE R/O. 27-653, AMBEDKAR NAGAR, ANANTHAPURAM TOWN, ANANTHAPUR DISTRICT. 4.C.AJAY KUMARu S/O. D.CHINNA MAREPPA, (A7) AGE 31 YEARS, OCC-ATTENDER IN HINDUPUR MUNICIPALITY, R/O. D.NO.17-8- 44, BABUJINAGAR, HINDUPURUAM TOWN, PRESENTLY RESIDING AT HASNABAD HINDUPURUAM TOWN, SATYASAI DISTRICT 5.H.GOVINDAMMAu W/O, LATE BRAMAIAH (A10) AGED ABOUT 54 YEARS, OCC-SWAPPER IN ANANTAPUR MUNICIPALITY, R/O. 27- 652, AMBEDKAR NAGAR, ANANTHAPURAM TOWN, ANANTHAPUR DISTRICT. 6.SAKE SWATHIH D/O. SAKE BRAMAIAH (All) AGED ABOUT 30 YEARS, OCC- DAILY WAGE EARNERS, R/O. D.NO.27-652, AMBEDKAR NAGAR, ANANTHAPURAM TOWN, ANANTHAPUR DISTRICT / l- -I Dr. YLR., J CrI.P.No.7508 of 2025 Dated 01.08.2025 7.G.KULLAYAMMAu W/O. CHINNA MAREPPA, (A12) AGED ABOUT 40 YEARS, OCC- DAILY WAGE EARNERS, R/Ol 12-8-44, BAPUJINAGAR, HINDUPUR, SATYASAI DISTRICT. 8.H.DURGAMMAw W/O. NAGANNA, (A13) AGED ABOUT 60 YEARS, occ- SWAPPER IN ANANTAPUR MUNICIPALITY, R/O. 27-653, AMBEDKAR NAGAR, ANANTHAPURAM TOWN, ANANTHAPUR DISTRICT. 9.M.SYAMu S/O. NARAYANA, (A14)I AGED ABOUT 60 YEARS, OCC- DAILY WAGE EARNERS, R/O. D.NO.27-605, AMBEDKAR NAGAR, ANANTHAPURAM TOWN, ANANTHAPUR DISTRICT. ".PETITIONER/ACCUSED(S) AND THE STATE OF ANDHRA PRADESH, Rep.by the Public Prosecutor, High Court of AP, Amaravati .URESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): SHA[K MEERAVAL] Counsel for the Respondent/complainant: PUBLIC PROSECUTOR The Court made the following: ORDER: The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity lthe BNSS]) by the petitioners/Accused Nos.2, 3, 6, 7,10 to 14 for granting of pre- arrest bail in connection with Crime No.21 of 2024 of Anantapur I Town || {-- A-\ . ----` •3 Dr. ----` •3 Dr. YLR, I Crl.P.No.7508 of 2025 Dated 01.08.2025 Police Station, Ananthapuram Dis{rI-Ct, registered for the alleged offences punishable under sections 450, 307, 323, 324 and 354 read with 34 of the Indian Penal Code,1860 (for brevity [the IPC'). 2. The case of the prosecutl|on is that on 15.01.2024 at about 02:40 P.M., the complainant alleged that the accused, having formed themselves into an unlawful assembly with a common intention, armed with knives, iron rods, and sticks, came to her house. while the complainant was standing in front of her house, the accused abused her, caught hold of her tuft, and assaulted her with hands and legs. Out of fear, the complainan{ ran inside her house to protect herself, but the accused trespassed into the house and attacked her and her relatives with the said weapons. They beat them indiscrI'minately with intent to kl'll. As a result, the complainant and her relatives sustained severe bleeding l'njuries, blunt force trauma, and swelling on their heads and other parts of the body. upon wI'tneSSjng the I'nCident, nearby persons intervened, rescued the victims from the hands of the accused, and shifted them to the Government cJeneral HospI-{al, Ananthapuram for treatment. Basing on the above allegations, a case was registered against the petitioners and others. cT__t~-_-rr--..1 \`T-.`.`--`-l Dr. YLR,-J CrI.P.No.7508 of 2025 Dclted 01.08.2025 3. Sri Shaik Meeravali, the learned counsel for the Petitioners contends that the petitioners are innocent of the alleged offence and have been falsely implicated by the police. lt is further submitted that the petitioners are the sole earning members of the family and, they are ready to abide any conditions that may be imposed by this Court, and it is urged to grant pre-arrest bail to the petitioners. 4. Per cor7fra, Ms.P.Akhila Naidu, the learned Assistant Public prosecutor vehemently opposed the grant of pre-arrest bail to the petitioners, submitting that the investigation is still underway and several material witnesses rema'ln to be examined. lt is contended that if the petitioners are 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. ln view of the foregoing, it is urged that the petition be dismissed` 5. Heard the learned counsel for the Petitioners and the learned Assistant Public Prosecutor. Perused the record. 6. As seen from the record, in the report lodged by the de-faCtO complainant] she made allegations against the petitioners/accused that they armed with sticks, knives, and iron rods, beat her indiscriminately. t-_--I I.i-..a €.i.-T=-- -ck-''-=i-==q Dr. YLR, J Crl.P.No.7508 of 2025 Dclted 01.08.2025 She did not mention in her report as to whI-Ch PetitI-Oner Caused grI-eVOuS injuries specifically with which material object and on which part of the r-.-__----,I,-..----.---~.-.` y-. ~t -_ ,,.I, body. There are altogether 15 persons arrayed as accused in the report `---.-----' of the de-facto complainant. The alleged offences are outraging the ~rv r` `*v>`*`,,l`un~ ,h modesty and attempt to cause death. The wound certificate is not yet ---Tft received. The de-facto complainant alone sustained injuries, as per the version of the prosecution. A counter case was also lodged by Accused Noll/Akash, which was registered as crime No.22 of 2024 against the de-facto complainant and some others. Thus, this is a case and counter Case. -I- 7. This petition is for the request for grant of pre-arrest bail ._-`---. _-.,.-ul-,v * application preferred by the petitioners/accused. The fl'rst bail application in Crl.P.No.4334 of 2024 was dismissed by the learned Single Judge of this Court on the ground that the investigation was not completed and wound certifI'CateS Were not yet received. Even now also, the wound certI|fiCateS have not been reCel'Ved by the Investigating Officer after registration of the case for more than one year ago. -_ --'--``'pr_ Accused Nos.1, 4, 5, 8, and 15 were arrested and they were released On regular bail by this Court in Crl.P.No.2627 of 2024. PetitI-Oner No.3/A-6 Its a retired RTC employee, aged about 66 years. PetI'tiOner -I-~ Dr. YLR; J Crl.P.No.7508 of 2025 Dated 01.08.2025 No.4/A-7 is an Attender in Hindupur Municipality, aged about 31 years. petitioner No.5/A-10 is a Sweeper in Anantapur Municipality, aged about 54 years. Petitioner No.8/A-13 is a Sweeper in Anantapur Municipality, aged about 60 years, and Petitioner No.9/A-14 is a daily wage earner, aged about 60 years. 7. Considering their alleged role played in th-ls case, the nature and gravity of the allegations ]eve]]ed against the petitioners, this Court is inclined to grant pre-arrest bail to the petitioners/Accused Nos.6, 7,10, 13] 14. 8. ln the result, the Criminal Petition is partly allowed with the following conditions: i. In the event of their arrest, the petitioners/Accused Nos.6, 7, 10, 13 and 14 shall be enlarged on bail subject to they 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 petitioner/Accused Nos.6, 7, 10, 13 and 14 shall appear before the Station House Officer concerned, on every Second Saturday of the month between 10.00a.m.and5.00p.m.,till filing of the I charge sheet. <`=.i L.=> +-I Dr. YLR, J Crl.P.No.7508 of 2025 Dated 01.08.2025 ijI'. The petitioners/Accused Nos.6, 7, 10, 13 and 14 shall cooperate wI'{h the lnvestigatI-On Officer and shall make themselves available for investigation as and when required,I iv. The petitioners/Accused Nos.6, 7, 10, 13 and 14 shall not cause any threat, I®nduCement or promise to the PrOSeCutl'On WI®tneSSeS; v. The petitioners/Accused Nos,6, 7, 10, 13 and 14 shallnot commit or indulge in similar offences l|n future. vi. The petitioners/Accused Nos.6, 7, 10, 13 and 14 shall not leave the dI-Strict limits Without the express Permission from the Station House Offl-cer concerned. 9. The request for grant of pre-arrest ba" to the remaining c-,I-__-H,-,- rr,...-.-I,, , -" Petitioners/Accused Nos.2, 3,ll and 12, is not found convincing and reasonable. Hence, the petition agaI-nSt the Petitioners/Accused Nos.2, 3, ll and 12 is dismissed. 10. The learned counsel for the petitioners urges this court to grant liberty to the remaining petitioners I'.e., Petitioners/Accused Nos.2, 3,ll and 12, to surrender before the learned jurisdictionaI Magistrate concerned. c=.--x® Dr. YLR; J CrI.P.No.7508 of 2025 Dated 01.08.2025 ll. Liberty is granted to the petitioners/Accused Nos.2, 3,ll and 12 to surrender before' the learned JurisdictionaI Magistrate concerned within a period of two (02) weeks from the date of this order, and {o move an appropriate application for their release. 12. The learned JurisdictionaI Magistrate shall endeavor to dispose of the application on its own' merits by following due process of law, after affording due and sufficient opportunity of hearing to the learned Public Prosecutor concerned, and shall pass appropriate orders within a reasonable time, preferably within two (02) days. ,,, //TRUE COPY// sd/-K.J. ,Raja Babu ASSISTANT R5rs2STRAR SECTION OFFICER To'1 The Station House Offlcer, AnantaPur-I Town Pollce Station, AnanthaPuram, AnanthaPuramu District. 2. One CC to Sri. SHAIK MEERAVALl, Advocate [OPUC] 3. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra PradeSh, AmaraVati. [OUT] 4. One spare COPY •JSS *t- I'.`* i t HIGH COURT i, /a*p ^*` T fr. u.I \ |*.I I +`I''DR.YLR, J DATED:01/08/2025 BAIL ORDER CRLP.No.7508 of 2025 PARTLY ALLOWED i-;so`r,xF-pr