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2025 DAILYLAW 25770 (AP)

CHERUMAMILLA SOWRAIAH v. THE STATE OF ANDHRA PRADESH

CRLP/5807/2024 · 2025-01-20

K Sreenivasa Reddy

body2025

Judgment text

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` ~`try.-`-li`t```. -+ lN THE HIGH COURT.OF ANDHRA PRADESH AT AMARAVA I ` \ MONDAY ,THE TWENTIETH DAY OF JANUARY{j# TWO THOUSANDAND TWENTY FIVE \vi# :PRESENT: W THE HONOURABLE SRI JUSTICE K SREENIVASA REDDYtr CRIMINAL PETITION NO: 5807 OF 2024 Between : tr f 1. CheruinamiIIa Sowraiah, S/o Nayudamma, aged about 50 years, Occ: E= Business, R/o D.No,2-177, near Vinayaka Temple Lingapuram Village, Guntur District -522436. (A1 ) t/ 2. Namburi Tulasi Bhai, @ Tulasi Babu, S/o Papaiah, aged about 43 years, Occ Business, R/o D.No.2-159, Lingapuram Village, Guntur District -522436. (A2) 3. Cherukuri Samb¥siva Rao, S/o Satyam, aged about 55 years, Occ Reporter of Andhra Jyothi, R/o D.No.3-35/1, Salipeta Amaravathi, Guntur District - 522020. (A3) ~ 4. Cherukuri SrinI'VaSa Rao, S/o Satyam, aged about 52 years Occ Govt. Teacher, R/o D.No.9-82, Kakatiya Nagar, Near Indian Bank, beside BSNL tower, Dharanikota, Guntur District -522 020. (A4) 5. Saripudi Venkateswarlu, @ venkateswara Rao, S/o Lingaiah, aged about 57 years, Occ Cultivation, R/o D.No.2-93, Lingapuram Village, Guntur District _ 522436. (A5) of IRE 6. Narra Gangaiah, @ Gangadhararao, s/o venkata Rao, aged about 47 years, Occ Cultivation, R/o D.No.3-68, Lingapuram Village, Guntur District -522436. (A6) `ief- E= 7. Nagothu Nagarjuna, S/o Rajarao, aged about 37 years, Occ Cultivation, R/o D.No.2-122, Ramalayam Veedhi Lingapuram Village, Guntur District 522436. (A12) ve# rf` 8. Nagothu Babu, @ Ganesh Babu, S/o Gnana Sundararao, aged about 41 years, Occ Cultivation, R/o D.No.5-186, Lingapuram Village, Guntur District -522436. (A13) ~ ¥t-#`- 9. Narra€rinu, @ Srin'lvasarao, S/o Venkatrao, aged about 45 years, Occ I, Business, R/o D.No.3-76, Lingapuram Village, Guntur District -522436- 10. (A19) horf saripudiifemu, @ Ramarao, S/o Apparao, aged about 33 years, Occ Cultivation, R/o D.No.5-38, Lingapuram Village, Guntur District - 522436. (A22) `fropgiv petitioners/Accused AND 1. The State of Andhra Pradesh, Rep. by the Public PhogTecutor, High Court of Andhra Pradesh at Amaravati. #, 2. Shaik Mastan Sharief, S/o. Mohamad Galib, R/o. D.No.9-76, Muthyalamma gudi, Amaravathi, Guntur District, Andhra Pradesh - 522020. `-` Respondent No.2 is impleaded as per the Court order dated 13.ll.2024 in I.A.No.1 of 2024 in Crl.P.No.5807 of 2024.trf Respondent ` petition under section 482 of BNSS, 2023 is filed praying that in the circumstances stated in the memorandum of 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/Al, A2, A3, A4, A5, A6,A12, A13, A19 and A22 on bail in the event of their arrest in connection With Crime No. tsgr»~ 177 of 2024, of Amaravathi Police Station, Palnadu District.gr#--+ The pet-ltion coming on for hearing, upon peruS®lng the Petition and the memorandum of grounds filed in support thereof and the order of the High court dated : o5.09.2#2,4,19.09.2024 , 25.09.2024 & 15.10.2024 ,13.ll,2024 26.12.2024 & 06.01.2025made herein and upon hearing the arguments Of sri v.v.Lakshmi Na}artygrana, Advocate for the Petitioners and of Public prosecutor for the Respondent, the Court made the following; ``nggiv±frf'¢ ORDER: The Court made the follow-Ing: ORDER:- _ The Criminal Petition, under Section 482 of the Bharat'lya Nagarik suraksha sanhita, 2023 [for short, lB.N.S.S'], is filed on behalf of the petitioners/ Accused Nos.1 to 6,12,`t13,19 and 22 seeking anticiPatOry bail in crime No.177 of 2024 of Amaravathi Police Stat'lon, Palnadu District. 2. A case has been registered against the Petitioners/ Accused Nos.1 to 6,12,13,19 and 22 for the offence punishable under Sect-Ions 189(2),191(2), 191 (3),1O9 read with 190 of the Bharatiya Nyaya Sanhitha (for short tBNS). I ---9 I----)--` \`\ ifa Case of the prosecutl'on, in brief, is that on 12.08.2024 the defacto \ -`` comPlainant and other MuslI-mS, accompanied his leader Shaik Jani, obJ'eCted the vI'Sit 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 sl'de. Later Accused No.2 attacked Shaik KarimuIIa on his head with Iron rod and he sustained bleedI'ng injury. Hence, a case has been registered, basing on the report of the defacto complainant. 4. Heard, Perusedtherecord. 5, On a perusal of record, itgoes to showthat basing on a report, a case has been registered in crI'me No. 177 of 2024. ln the course of said transaction on the fateful day at about 7.00 p.m, the accused are alleged to have been attacked the defacto complainant, wherein specific overt acts attributed against Accused No. 2, 3 and 22. ln respect of the petitioners are concerned, they were alleged to have been attacked the defacto complainant and no specific act is in the F.I.R attrjbut9d against the Petitioners. 6, Keeping in vl-ew the fact that case and counter cases were registered against each other and no specific overt acts are attributed agal-nst the EEE `=-= ------. I A - - -,y- i. ----_I petitioners herein, thl-s court is inc[l-ned to grant antI-CiPatOry bail to the (? PetI-tI'OnerS/accused herein, on the following conditions. (I') Accordingly, in the event of their arrest with regard to this crime, petitioners/ Accused Nos.1 to 6,12,13,19 and 22 shall be released on bail i on their executing personal bonds for a sum of Rs.10,000/-(Rupees ten thousand only) each, wI-th two Suretl'es for a like sum each to the satisfaction of S.H.O, Amaravathi police station, palnadu District and also on condition that the petitioners sha" make themselves aval'lable for investigation as and when required and that they shall not cause any threat, inducement or Promise tO the Prosecution Witnesses. On release, 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. `.,. //TRUE COPY// sD/-M.PRABHAKARA RAO ASSISTANT REGISTRAR SECTION OFFICER To, 1. The ll Additional Junior Civil Judge, SattenapaIII'. \ut 2. The Station House offI-Cer, Amaravathi police station, palnadu Dl-strict. `# 3. One CC to SRl. V V LAKSHMI NffiAYANA Advocate [opuc] 4. Two CCs to PUBLIC PROSEC`UioR, High Court ofAndhra Pradesh __ [OUT] 5. One spare copy .HIGH COURT SRK,J DATED..20.01.2025 BAIL ORDER CRLP.No.5807 of 2024 ALLOWED S® \3^N \\\\ L=C rTa:a. '` a o - I?I?