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High Court of Andhra Pradesh · body
2025 DAILYLAW 25782 (AP)
Mogal Subhan Rav (A1), v. The State of Andhra Pradesh
CRLP/7526/2025 · 2025-07-24
Y Lakshmana Rao
body2025
[ 2025 DAILYLAW 25782 (AP) · dailylaw.ai ]
[ 2025 DAILYLAW 25782 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA" FRIDAY, THE TWENTY FIFTH DAY OF JULY, TWO THOUSAND AND TWENTY FIVE :PRESENT: \ THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO ±:
CRIMINAL PETITION NO: 7526 OF 2025 Betwee n :
1. Mogal Subhan Ray (A1), S/o. Baji, Aged 32 years, R/o. Davaji Gudem village, Gannavaram MandaI, Krishna District. -
2. Patan Chahat Khan @ Shahad Khan (A2), S/o. Baji, Aged 17 years, R/o. Atkuru village, Unguturu Mandal, Krishna District.
3. Mogal Jalaf (A3), S/o. Baji, Aged 36 years, R/o. Davaji Gudem village, Gannavaram MandaI, Krishna District.
4. MogaI Meena (A4), W/o. Mogal Jalaf, Aged 32 years, R/o. D. No. 5-65, Davaji Gudem village, Gannavaram MandaI, Krishna District.
5. Mogal Meerabi alias Miraben Bajisaheb (A5), W/o. Mogal Baji Aged 56 years, R/o. Davaji Gudem village, Gannavaram Mandal, Krishna District.
6. Patan Pasha vali (A6), S/o'. Nagoor Basha, Aged 47 years, R/o. D. No. 6-32-1, Atkuru village, Unguturu Mandal, Krishna District.
7. MogaI Asmitha (A7), W/o. Subhan Rav, Aged 28 years, R/o. D. No. 5- 65, Davaji Gudem village, Gannavaram Mandal, Krishna District.
8. Patan Shamini @ Shamoh (A8), W/o. Paksha Khan, Aged 42 years, R/o. D. No. 6-32/1, Atkuru village, Ungutur Mandal, Krishna District. .I.Petitioners/Accused Nos.1 |8 AND State of Andhra Pradesh, Station House Officer, Gannavaram Police Station, Krishna, Rep.by its Public Prosecutor, High Court of Andhra Pradesh, at Amaravati. ...Respondent
Dr. YLR, J CrI.P.No.7526 of 2025 Dclted 25.07.2025 Petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita; 2023 (438 of Cr.P.C), praying-that in the circumstances stated in the memorandum of grounds filed in support of the criminal Petition, the High3 Court may be pleased to grant Anticipatory Bail to the petitioners/accused nos. 1-8 and enlarge them in the event of their arrest or surrender in F.I.R.: No.172 of2024 on the file ofGannavaram police station, Krishna District. I Counsel forthe Petitioners : sri Koti Reddy ldamakanti Counsel for the Respondent : Ms:P.Akila Naidu Assistant PubII-C Prosecutor. The Court made the following
ORDER: 'J`=I`'..-.-...lj,..\-,.=- The Criminal PetitI'On has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity fthe BNSS') by the petitioners/Accused Nos.1 {o 8 for granting of pre-arrest bail in connection with Crime No.172 of 2024 of Gannavaram UPS Police Station, Krishna District, registered for the alleged offences punishable under Sections 324, 323, 506 read with 34 of the Indian Penal Code, 1860 (for brevity lthe lPC'). 2. The case of the prosecution is that on 12.05.2024 at about 14.'30 hours, the complainant stated that there were previous disputes between r her and the lst petitioner's family. On 12.05.2024, while she and her son / . . E535©Z<gr=es±_se€seEZ5-a- ---___--__ __ . --____ _ T7 3 Dr. YLR, J crI.P.No.7526 of 2D25 Dclted 25.07.2O25 were at their house, they heard shouting in front of their house. On a(,.g=.i---.:_-i:3 hearing the noise, they came out land found that the accused family members were abusing others by name. At that time, she Was beaten by the lst petitioner with a St-lCk On her head, due tO Which She Sustained a bleed'lng 'lnjury. she further alleged that when her son Came to her rescue, the 2nd and 3rd petitioners beat him with Sticks, Causing a bleeding injury on his forehead. petitioner Nos. 4 and 5 beat her son with sticks on his hands, legs, and back. The 6th petitioner Stabbed her on her right leg with an iron rod. she and her son escaped from the ha'nds of the accused and went into the house. The accused followed them inside, and petitioner Nos.7 and 8 kicked her with their legs and threatened her with dire consequences. Her husband called the POIice by dialing 100, and the police arrived and Sent her and her SOn tO the hospital in an ambulance for treatment. At the hospital, the police recorded her statement, and the same was registered as FIR No.172 of 2024 on the file 'of Gannavaram Poli'ce Station. 3. Sri I.Koti Reddy, the learned counsel for the Petitioners, Subm'ltS that the petitioners have not committed any offence; they were falsely implicated in this case; they are the sole breadwinners Of their family; i!Eii= GZSZZS9
4 Dr. YLR, J Crl.P.No.7526 of 2025 Dated 25.07.2025 they are ready to abI®de any conditions tO be imposed by this Court; and urged {o grant pre-arrest bail to the petitioners. 4.
Per confra, Ms.P.Akila Naidu, the learned Assistant Public Prosecutor, opposed in grantI-ng Of bail stating that investigation is not yet completed; if the petitioners are granted pre-arrest bail, they will repeat the same offence and urged {o dismiss the bail petition. 5. Heard the learned counsel for the petitioners and the learned Assistant PubII'C Prosecutor. Perused the record. 6. As seen from the FIR and the statements of{he witnesses`/victims, Accused Nos.2 and 3 caused grievous hurt to the sc;n of the de-facto complainant. There are specific overt acts attributed to Accused Nos.2 and 3. Hence, the remedy of granting pre-arrest bail cannot be ri,^J-'C=--ueREst't~'-'apT~nin,~,-,,-.,I-~x-rv* J2[gVJ_d,§.dJherefore, the petition filed on behalf of Accused Nos.2 and 3 I-S d]'SmjSSed. 7. Considering the nature of the allegations levelled against the petitioners/Accused Nos.1 an,_d 4 {o 8 and their alleged role played I'n this case, this Court deems it fit to grant pre-arrest bail to petitioners/Accused Nos.1 and 4 {o 8. - c_ac #f-+
5 Dr. YLR, I Crl.P.No.7526 of 2025 Dated 25.07.2025
8. In the result, the Criminal Petition is partly allowed with the following conditions: a-t- i. ln the event of their arrest, the petitioners/Accused Nos.1 and 4 {o 8 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 petitioners/Accused Nos.1 and 4 to 8 shall cooperate with the Investigation Officer and shall make themselves available for investigation as and when required; iii. The petitioners/Accused Nos.1 and 4 to 8 shall not cause any threat, inducement or promise to the prosecution witnesses; iv. The petitioners/Accusetj Nos.1 and 4 to 8 shall not commit or indulge in similar offences in future. 9. The learned counsel for the petitioners urges this Court to grant liberty to the remaining pet-ltioners i.e., petitioners/Accused Nos.2 and 3, to surrender before ,the learned jurisdictional _-.`__`.-`_-`---~.`` ,.,--` .~.
..--`ry<-`-`',r--^_ Magistrate concerned. I;--.--"
'? 4¢ /. 6 Dr. YLR, J Crl.P.No.7526 of 2025 Dated 25.07_2025
10. Liberty is granted to the petitioners/Accused Nos.2 and 3 {o surrender before the learned Jurisdictional Magistrate concerned within a period 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 JurisdictionaI Magistrate is concerned is
directed {o consider the application and dispose of the case on its own merits in accordance with law, as early as possible, preferably within two (02) days.
//TRUE COPY// F( // sd,-I KuT;@`T,.f± fa~j!tCi D Ei-I P uTt, gr= zpis i €5i lRf&i`-¢ SEClc!OR€ ®r=F'§CER To , tea
1. The VIII Additional Judicial First class Magistrate, Gannavaram.
2. The Station House Officer, Gannavaram UPS Police Station, Krishna District,
3. One CC to Sri Koti Reddy ldamakanti, Advocate [OPUC]
4. Two CCs to Public Prosecutor, High Court ofAndhra Pradesh [OUT]
5. One spare copy CVSS Ei= i==
\ HIGH COURT Dr.YLR,J DATED :25/07/2025 BAIL ORDER CRLP.No.7526 of 2025 ALLOWED i*t