IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE n Win PRESENT V honourable SRI JUSTICE K SREENIVASA REDDY CRIMINAL REVISION CASE Nn.1« nf 7n?i; Revision filed under Sections 397 & 401 of Cr.P.C, revise the order made in Crl.M.P.No l 19 of 2024 in Crl.M.P.No.59 of 2024 on the file of the n r!i Sessions Judge, Krishna, Gudivada, U3t6u 27-12-2024 Between: Posina Chaitanya Prasad, S/o Sri Bala Kotayya, Age. JOB Driver, R/o Utukuru - 521 329, Mudinepalli Mandal, ...PETITIONER/1^^ RESPONDENT/A-2 AND The State of Andhra Pradesh, rep. by its Public Prosecutor, High Court Of A.P. at Amaravathi 28 Years, Occ. Eluru District ...RESPONDENT/PETITIONER/COMPLAINANT lA NO: 1 OF 2091^ stated m'the arH'"', '''''' circumstances nleasert ^ ‘^'9'^ ^ourt may be 2^1 in rn M pT sc® Crl.M.P.No.119 of □lit end f ^ a X' Additional dislr^s ^"'' Sessions Judge, Krishna, Gudivada, Dated 27-12-2024, pending disposal of the present Criminal Revision Case. Counsel for the Petitioner : SRI N SIVA REDDY Counsel for the Respondent : PUBLIC PROSECUTOR The Court made the following ORDER : APHC010004212025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] WEDNESDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL REVISION CASE N0.18 OF 2025 Between: Posina Chaitanya Prasad ...PETITIONER/A2 AND The State of AP Rep. by its PP ...RESPONDENT Counsel for the Petitioner: 1.N SIVA REDDY Counsel for the Respondent: 1.PUBLIC PROSECUTOR The Court made the following ORDER: This Criminal Revision Case, under Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/A-2 against the order dated 27.12.2024 passed in CrI.MP No.119 of 2024 by the learned XI Additional Sessions Judge, Krishna at Gudivada. 2. Heard. Perused the record. 2 The petitioner herein is shown as A2 in PRC No.3 of 2024 3. on the file of the learned Judicial Magistrate of First Class, Kaikalur. Originally, a case has been registered against the petitioner herein and others in Crime No. 140 of 2024 of Mudinepalli Police Station, for the offences punishable under Sections 447, 324, 323, 506 read with 34 IPC. Then the petitioner herein and other accused filed a bail application, vide Crl.MP No.59 of 2024 arising out of Crime No.140 of 2024. By an order dated 14.06.2024, the learned Additional Sessions Judge granted bail to the petitioner herein and other accused on their executing personal bonds for Rs.25,000/- each with two sureties for like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Kaikalur with the following conditions. “1. The petitioners/Accused Nos.1 to 4, 6 and 7 shall attend before the SHO, Mudinepalli PS on every Monday and Thursday in between 10.00 AM and 5.00 PM for a period of two months or till filing of charge sheet whichever is earlier. 2. The petitioners/Accused Nos.1 to 4, 6 and 7 shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to twice in a week i.e 3 dissuade themselves from disclosing such facts to the Court or to any Police Officer. 3. The petitioners/Accused Nos.1 to 4, 6 and 7 shall not leave the territorial jurisdiction of Mudinepalli PS without getting prior permission from the concerned SHO, for a period of two months or till filing of charge sheet whichever is earlier.” the Learned counsel for the petitioner submits that pursuant to release of the petitioner herein and others, the complainant and others killed the father of the petitioner herein. In connection with that, a case has been registered against them. 5. Irrespective of the said fact, the State filed CrI.MP No. 119 of 2024 for cancellation of bail granted to the petitioner herein and other accused on the ground that A3 went to the Police Station on 12.11.2024, at about 09.00 PM, and shouted angrily “why they granted bail to those who killed his father, remove the police officers from his village, he will kill those who killed his father, insulted the police saying that the police officers cannot do anything”. It is alleged that A3 made an issue in front of the Police Station by slashing with a blade on the left side of his neck and other parts of the body by shouting that he will die and file a report against the ASl and he will get all the police officers 4. J 4 jobs terminated, kicked the reception desk and behaved aggressively and threatened the police constable saying that if he touch him he will cut and kill him too. Thereby, he has created some ruckus in front of the police station. Keeping in view the aforesaid reasons, the learned 6. Additional Sessions Judge partly allowed CrI.MP No.119 of 2024 cancelling the bail granted to A2 and A3 and directed them to surrender before the learned Additional Judicial Magistrate of First Class, Kaikaluru, within seven (7) days i.e., on or before 03.01.2025 and if they fail to surrender before the learned Magistrate, learned Magistrate may take appropriate steps for The petition in respect of A4, A6 and A7 was securing them. dismissed. A perusal of the material on record goes to show that the said ruckus in front of the police station was created by A3 only. 7. but not by the petitioner herein/A2. A3 also said to have done so on the ground that his father was murdered by the Insofar as the petitioner herein is complainant and others, concerned, absolutely nothing has been averred against him. The petitioner herein cannot be held to be vicariously liable for the acts committed by A3. Merely because A3 has created a 5 ruckus in front of the police station, it would not in any way bind the petitioner herein/A2. In view of the aforesaid facts and circumstances of the the impugned order dated 27.12.2024 passed in Crl.MP No. 119 of 2024 by the learned XI Additional Sessions judge, Krishna at Gudivada, in respect of the petitioner herein/A2 only is set aside. The petitioner herein/A2 is directed to surrender before the learned Additional Judicial Magistrate of First Class, Kaikaluru, within a period of two (2) weeks from today and, on such surrender, he shall be enlarged on bail on his executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum each to the satisfaction of the learned Additional Judicial Magistrate of First Class, 8. case Kaikaluru. Accordingly, the Criminal Revision Case is allowed. As a sequel thereto, the miscellaneous petitions, if any pending in this Criminal Revision Case shall stand closed. 9. SD/- E.KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The XI Additional District and Sessions Judge, Gudivada,Krish na District 2. The Judicial First Class Magistrate Kaikalur, Krishna District 3. The Station House Officer, Mudinepalli Police Station,Krishna District ^X^One CC to Sri N Siva Reddy, Advocate [OPUC] 5. The Section Officer, Criminal Section, High Court of Andhra Pradesh at Amaravathi 6. Two CCS to the Public Prosecutor, High Court of Andhra Pradesh at Amaravathi [OUT] 7. THREE CD COPIES TAC HIGH COURT DATED:09/01/2025 ORDER CRLRC.No.18 of 2025 0 9 JAN 20?5 B) ' X ^ Currant Section S P ATC ALLOWING THE CRLRC