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High Court of Andhra Pradesh · body

2025 DAILYLAW 25884 (AP)

Teja alias Muthenene Raviteja v. THE STATE OF ANDHRA PRADESH

CRLP/7571/2025 · 2025-07-31

Y Lakshmana Rao

body2025

Judgment text

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? lN THE HIGH COURT OF ANDHRA PRADESH AT AMAR FRIDAY, THE FIRST DAY OF AUGUST, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA CRIMINAL PETITION NO: 7571 OF 2025 ,fJ Between : 1. Teja @ Muthenene RavI|teja, S/o Mutthineni Anjineyulu, Aged 32 years, occ: software, R/o 7-73 Janmabhoomi Nagar, Janmabhoonii Nagar, Raptadu, Anantapur, Andhra Pradesh-515002 2. Lingamaiah @ Nadipi Lingaiah pendyala, S/o. Pendyala Linganna, Aged 70 years, R/o 3-50, S/o Kuchivaripalli, Kuchivaripalli, yellanur, Anantapur, Andhra Pradesh-515465. 3. Chandrakala @MutthinenI' Chandrakala, W/o MutthI'neni Anjineyulu, Aged 64 years, R/o 7-73 Janmabhoomi Nagar, Janmabhoomi Nagar, Raptadu, Anantapur, Andhra Pradesh-515002 Petitioners/Accused No. 4 to 6 AND The State ofAndhra Pradesh, rep. by the public Prosecutor, High Coun of Andhra Pradesh at Amaravathi. Respondent No.1 Petition under section 482 of BNSS/438 of Cr.P.C,, is filed praying that in the cI-rCumStanCeS Stated in the grounds filed in support of the CriminaIPetition, the High Court may be pleased to enlarge the Petitioners/Accused No.4, 5 and 6 on An{icipatory Bail in the event of their arrest in crI-me in FIR.No. 37 of 2025 on the file of Rapthadu PS, Ananthapuramu District. The petitI'On coming On for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of sri. ALLU HARI NARAYANA Advocate for the petitioners and of PUBLIC PROSECUTOR for the Respondent; The Court made the following ORDER: ~/ - . + \ Dr. YLR, J CrI.P-No.7571 of 2025 Dated 01.08.2025 The Court made the following: ORDER: The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha SanhI|ta, 2023 (for brevity [the BNSS') by the petitioners/Accused Nos.4 to 6 for granting of pre-arrest bail in connection with crime No.37 of 2025 of Rapthadu Police Station, Ananthapuram District, registered for the alleged offences punishable under sectidns 118(1), 324 (4) and 118 (2) read with 3 (5) of the Bharatiya Nyaya Sanhi{a, 2023 (for brevity {the BNS]) 2. The case of the prosecution is that on 16.03.2025 at about 5:00 P.M., Accused Nos.1 to 6, all residents of Janmabhumi Nagar, Rapthadu MandaI, along with some others, keeping in mI-nd the existing l'II feelings arose out of a dispute relating to a house site at JanmabhumI' Nagar, attacked and beat the de-facto complainant, his son, his wife, and some others with cement bricks and sticks. As a result, they sustained bleeding and multiple injuries. It is also alleged that the accused damaged the compound's iron gate of the complainant's house. It is due to the attack of the accused, the complainant and some others were admitted to the Government General HospI'tal, E3gEL€.gE3- Dr. YLR, J CrI.P.No.7571 of 2025 Dated 01.08.2O25 Ananthapuramu for treatment. Basing on the statement of the de-facto complainant, the case was registered. 3. Sri Allu Hari Narayana, 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 petitl'oners are the sole earnI-ng members Of the family and, they are ready to abI'de any conditions that may be imposed by this Court, and it is urged to grant pre-arrest bail to the petitioners. 4. Per cot,fro, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of pre-arrest bail to the Petitioners, Submitting that the investigation l's still underway and Several material witnesses remain to be examined. lt is contended that if the petl'tioners are released on pre-arrest baI|l, 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 l's urged that the petition be dismissed. 5. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor.I Perused the record. S` i---~- E=-i-it 1 Dr. YLR, J Crl.P.No.7571of2O25 ` DatedO1.08.2025 t 6." As seen from the statement of the de-facto complainant recorded by the police, there are no specific overt acts attributed to the petitioners namely, which petitioner caused which injury on which part of the body of which witness. The learned Assistant Public Prosecutor submits that the statement of L.W.2, recorded under Section 161 of the Code of Criminal Procedure, 1973 (for. brevity [{he Cr.P.C.I)/Section 180(3) of [the BNSS', also does not disclose any specific overt acts. The learned counsel for the Petitioners submits that Petitioner No.3/Accused No-.6 suffered a hea.d injury in the attack allegedly made by the de-facto complainant and others. A counter case in Crime No.38 of 2025 was registered against the de-facto complainant and others. Even though the Petitioner No.3/A-6 suffered a head injury, which is grievous in nature, section 118(2) of [the BNSJ was not added to the case. Accused Nos.1 to 3 were granted regular bail by the learned Vll Additional District -Judge, Ananthapuram. As per the version of the prosecution, L.Ws.2 and 5 suffered grievous injuries allegedly at the hands of the accused, while L.Ws.1, 3, and 4 sustained simple injuries. Petitioner No.2/A-5 is aged about 70 years, and Petit'loner No.3/A-6 is aged about 64 years. ¢fr^±,-pr} t=-| Dr. YLR, I Crl.P.No.7571 of 2025 Dclted 01.08.2025 7. Considering the nature and gravity of the allegations levelled against the petitioners, and their alleged role played in thl-s case, this Court is inclined to grant pre-arrest bail to the petitioners/Accused Nos.5 and 6. 8. ln the result, the Criminal Petl'tI'On l'S Partly allowed With the following conditions: i. In the event of their arrest, the petitioners/Accused Nos.5 and 6 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.5 and 6 shall appear before the Station House Officer concerned, on every Second Saturday of the month between 10.00 a.m. and 5.00 p.m., tI-ll filing Of the Charge Sheet. iii. The petitioners/Accused Nos.5 and 6 shall cooperate With the Investigation Officer and shall make themselves available for investigation as and when required; iv. The petitioners/Accused Nos.5 ancl .6 shall not cause any threat, inducement or promise to the prosecution witnesses; t-,,,.--.,. -~,.,rfl Dr. YLR, J Crl.P.No.7571 of 2025 Dated 01.08.2O25 v. The petitioners/Accused Nos.5 and 6 shall not commit or indulge in similar offences in future. vi. The petitioners/Accused Nos.5 and 6 shall not leave the district limits without the express permission from the Station House Officer concerned. 9. Considering the gravity and nature of the case that two persons suffered grievous injuries and three persons suffered simple injuries the request for grant of pre-arrest bail to the petitioner No.1/A-4 is not found convincing and reasonable. _ 10. Hence, the petition against the petitioner No.1/Accused No.4 is dismissed. SD/-K.J.RAJA BABU //TRUECOPYW ASsS:Sc¥IIC:::`AR / Tol 1 The Judge, Family Court ~ Gum - V" Additlonal Dlstrict & Sessions court, AnanthaPuramu. 2 The Speclal Judlclal Maglstrate Of Flrst Class (Mobile Court), / AnanthaPuramu. ,, 3. The Station House Officer, Rapthadu PS, AnanthaPuramu District. 4. OneCCtoSri.ALLU HARI NARAYANA,AdvoCate[OPUC] r` 5 Two CCs to PUBLIC PROSECUTOR, Hlgh Court Of Andhra Pradesh, ,, AmaraVati. [OUT] 6. One spare COPY JSS I- HIGH COURT DR.YLR, J DATED:01 /08/2025 BAIL ORDER CRLP.No.7571 of 2025 PARTLY ALLOWED