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2025 DAILYLAW 25744 (AP)

SARIPUDI VEERA VASANTHA RAO v. THE STATE OF ANDHRA PRADESH

CRLP/5806/2024 · 2025-01-20

K Sreenivasa Reddy

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Judgment text

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lN THE HIGH COURT, OF ANDHRA PRADESH AT AMA MONDAY, THE TWENTIETH DAY OF JANUA TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE K SREENIVASA RE CRIMINAL PETITION NO: 5806 OF2024 / Betwee n : a _, ,I |-L= u-I..+-\`t,``.I_.-..*.t`.`',...m..,,?:_I t+ j| fu~rty*`I?.grow`tquthvS'ap4thseap,ngifeTh~twlt~usdidifuS,rfude,tkeul`unfa|c r+ co e€:-`about 55 year b..`Rd.2-226 , Gu,1tur District - all_i Ej I- ., a£;aJut 27 years, -Jj;`.`..-ife6 : 1 -288A' G`dilEur Distfl-ct - I Rae-I : "-- , ` \ r|a I / _ I. -I-` -1 Occ: Ctl{tivation, F{/a-[i:-i;i-i-,=_2-161/bl Lingapuram vI{'age. 6-a-`rt.!ie1[, District -522436- sNJuothS:!vaaP3t: nvkaaTas !fago ,i:3§n:Sdi aKbr:suhtn2a6 yea rs , z Occ: cultivation, R/a D.i`€o.4-3J Ramalayam veedht-, u'ng,ai,~u[am village, Guntur District -522436^,I `-` I/ ag€f`+.4|..about 32 years. .I. ... ....'.._-:i (A&) . .(ji.9) - txp.1e4] - (A. 't 6) / '; -) .-..` va i,'o n 1 Rfo````.D. N-a:._5-8?, I.I._I 9. 'saripudi R-aJ'manaI-a-JiJ{.-, s/6 Venkat Rao, a,g~ed ap.out 42 yearsl + ^^-. A._||±_ I. Occ.. C of Andh e ,Publi£ urt of at AmaravatI-. I |- -_- ram village-.!,,I Guri{rdi €Dfstrict ~ 522436. ri| I §hasha ftk. Prosecute I; _ __`v| I Andhra p;=i;=-si-1 ; 7 i- ¢ `t``' :,-I..1! i* } I I, - g=RE ffia co A \ RE. ... Peti{{oneis/Accuse ds ... Responcfent _`__unth,q`twhau-;,ceLLfu,qutd*nrty,,.,h-,. shaik Mastan Sfierief, S/o. Mohamed Galib,R/o. D.No.9-76, Muthyalammagudi, Amaravathi, Guntur district, Andhra Pradesh - 522020. (Respondent No.2 is impleaded as per the court order dated 29.ll.2024 in I.A.No.1 of 2024 in Crl.P.No.58O6 of 2024.) ... Respondents Petition under section 482 of BNSS Act, 2023, is filed praying that in the circumstances stated in the grounds filed in support of the criminal Petition, the High Court may be pleased to direct the s.H,O., Amaravathi P.S. to enlarge the petitioners/A7, A8, A9, A10, All, A14, A15, A16, A17, A18, A20, A21, A23, A24, A25, A27 and A28 on baI-I jn the event of their arrest in connection with Crime No.177 of 2024, of Amaravathi police Station, Palnadu District. The petition coming on for hearl'ng, upon perusl'ng the petitI'On and the grounds filed l'n support thereof and the orders of the High Court dated 05.09.2024,19.09.2024 , 25.09.2024,15.10.2024, 29.10.2024,29.ll.2024& 19.12.2024, 26.12.2024 & 06.01.2025 made hereI'n and upon hearI'ng the arguments of Sri V.V.LakshmiNarayana, Advocate for the petl'tioners and of public Prosecutor for Respondent, the court made the followI'ng lIIIIIIIII_ APHCOI O363932024 E] HE] HiiiEE lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) [3327] MONDAY ,THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY gB±MINAL PETITION NO: 5806 OF 2O_24 I Betwee n : saripudi veera vasantha Rao and Others ...PETITIONER/ACCUSED(S) AND The State OfAndhra Pradesh and ...RESPONDENT/COMPLAINANT(S) Others counsel for the Petitioner/accused(S): 1.V V LAKSHMI NARAYANA counsel for the Respondent/complainant(S): 1. B VAMSI KRISHNA 2. PUBLIC PROSECUTOR The Court made the follow-Ing: I ORDER:-.-_ The Criminal Petition, under Section 482 of the Bharatiya Nagarik suraksha sanhita, 2023 [for short, lB.N.S.S'], is filed on behalf Of the petitioners/Accused Nos. 7 to ll,14 to 18, 20, 21, 23 to 25, 27 and 28 seeking ant'lcipatory bail in crime No.177 of 2024 of Amaravathi Police Stat-Ion, Palnadu District. 2. A case has been registered against the Petitioners/ Accused Nos. 7 to ll,14 to 18, 20, 21, 23 to 25, 27 and 28 for the offence punishable under i--. _ sections 189(2),191(2),191(3), read with 190 of Bharatiya Nyaya Sanhitha \ (for short tBNS). 3. Case of the prosecution, in brief, is that On 12.08.2024 the defacto complainant and other Muslims, accompanied his leader Shaik Jani, objected the visit of MLA, Pedakurapadu to Durga VIllas Hotel for breakfast and On that A3, picked up a quarrel. Later, at about 7.00 p.m, When the defaCtO complainant and others stood near Brundavan Hotel, all the accused and others rushed there. Accused No.3 holding Iron rod beat the defaCtO complainant on his right hand thumb, fore and middle finger, and he Sustained bleeding injury. Accused No.22 hit with the stick on his nose and remaining accused beat on his back side. Later Accused No.2 attacked Shaik Karimulla on his head with Iron rod and he sustained bleeding injury. Hence, a case has been registered, basing on the report of the defacto complainant. 4. Heard. Perused the record. 5. On a perusal of record, itgoes to showthat basing On a rePOrtgiVen by one shaik Mastan Shareef a case has been registered in Crime No.177 of 2024 against the Accused 1 to 28. ln the course Of Said transaction, On the fateful day at about 7.00 p.m, the accused are alleged tO have attacked the defacto complainant, wherein specific overt acts are attributed against Accused Nos. 2, 3 and 22. ln respect of the petitioners herein iS concerned, they were alleged to have attacked the defacto complainant, but nO specific overt act has been attributed in the FIR against the Petitioners. r---_-_-T / 6. Keeping in view the fact that Case and counter cases were registered against each other and no specific overt acts are attributed against the petitioners herein, this court is inclined to grant antiCiPatOry bail tO the petitioners herein, on the following conditions. (i) Accordingly, in the event of their arrest With regard tO this Crime, petitioners/Accused Nos. 7 to ll,14 to 18, 20, 21, 23 to 25, 27 and 28 shall be released on bail on their executing personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) each, with two Sureties for a like Sum each tO the satisfaction of arresting officials and also on condition that the petitioners shall I make themselves available for investigation as and when required and that they shall not cause any threat, inducement or promise to the prosecution witnesses. The petitioners shall appear before the Station House Officer concerned once in a week i.e. on every sunday between 10.00 a.m. and 05.00 p.m., till filing of the charge sheet. 7. Accordingly, the Criminal Petition is allowed. . 6Zy, , \. I..I I .I //TRUE COPY// sd/-K. 'J. RAJA BABu ASS[STANi-`4REGl'STRAR SECTION OFFICER _ _ -----------` _ To] 1. The ll Additional Civil Judge(Junior Division), SattenaPalli, Guntur Cq®.st District. The Station House Officer, Amaravathi Police Station, Palnadu District. one cc to sRl. VV LAKSHMI NARAYANAAdvocate [OPUC] ,zzz E.-Ei • ,-, \JllC uu l\/ `+l`I. V V I_r`l``+I l]Yll I`/ `] `/ ` I , `l`, ` J ``-,-----I-- Two CCs toPUBLIC PROSECUTOR, High Court -Of A.P., zzz Amaravati.[OUT] 5. One spare copy. I, SRK,J DATED: 20.01.2025 BAIL ORDER CRLP.No.5806 of 2024 ALLOWED I - gas+S Sj\;I' a. r+ \ a ,lAN 1\15 \`+.