Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 26563 (AP)

C Balaraju alias Balaraju Chelala v. The State of Andhra Pradesh

CRLP/7725/2025 · 2025-08-03

Y Lakshmana Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010375892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 0jii0 0? MONDAY, THE, FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA CRIMINAL PETITION NO: 7725 OF RAO Between: C. Balaraju @ Balaraju Chelala, S/o. 183, KBC Colony, Madireddipalli, Yadamari Mandal Krishna Mandir, Aged 61, R/o. H.No. Chittoor District. ...Petitioner/Accused No.3 -p, AND e State of Andhra Pradesh, (Yadamari Police Station, Chittoor District) Rep. by Its Special Public Prosecutor, High Court of Andhra Pradesh, At Amaravati. ...Respondent 528 of BNSS praying that in the Petition, the respondent police to enlarge the no.3 on bail in the event of his arrest in connection with Crime No. 07 of 2025of Yadamari Police Station, Chittoor District. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and Surya Teja, Advocate for the Petitioner and of the Respondent. The Court made the following ORDER: Petition under Section 482 circumstances stated in the Memorandum of Grounds of Criminal High Court may be pleased to direct the petitioner/Accused upon perusing the arguments of Sri P. Sai of the Public Prosecutor on behalf > APHC010375892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] W B5^ MONDAY,THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7725/2025 Between: C Balaraju Alias Balaraju Chelala ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.PSAISURYATEJA Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita 2023 (for brevity ‘the BNSS’) by the petitioner/Accused No.3 for granting of pre-arrest bail in connection with Crime No.7 of 2025 of Yadamari Police Station, Chittoor District, registered for the 2 'a alleged offences punishable under Sections 126(2), 118(1), 115(2), 351(2) r/w 3(5) of Bharatiya Nyaya Sanhita (for short ‘the BNS) 2. The case of the prosecution, in a nutshell, is that on 18.01.2025 at about 9.45 a.m., near KBC Colony, H/0. Madhireddypalli, Yadamari Mandal the petitioner/accused No.3 along with other six accused beat the defacto complainant/L.W.I-K.Aruna and her relatives who are residing at KBC colony wrongfully restrained and assaulted the defacto complainant and her relatives i.e., Sundaramma, Gunasekhar, Bhanumathi, Parandhama Naidu, Jyothi & Munikrishna with sticks, iron rods knife due to land disputes which are pending on the file of Civil Court at Chittoor in I.S.No.1290/2022 and caused bleeding injuries to them and on that the neighbours rescued the defacto complainant and others from the clutches of the accused and the injured were shifted to the Government Hospital, Chittoor for treatment. 3. Sri P.Sai Surya Teja, the learned counsel for the petitioner, submits that the petitioner has not committed any offence; he was falsely implicated in this case; he is the sole breadwinner of his family; he is ready to abide any conditions to be imposed by this Court; and urged to grant pre-arrest bail to the petitioner/Accused. Per contra, Ms. P.Akila Naidu, the learned Assistant Public Prosecutor, 4. opposed in granting of bail stating that investigation is not yet completed; if the 3 petitioner is granted pre-arrest bail, he will repeat the same offence, and it is urged to dismiss the bail petition. 5. Perused the record. As seen from the FIR and the statements of the witnesses, specific 6. overt acts are attributed to the petitioner. It is alleged that the petitioner beat L.W.6 - Bhanumathi with an iron rod on her left hand, causing bleeding and “ grievous injuries. The learned counsel for the petitioner contends that several / disputes are pending between Accused Nos.1 and 2 and the mother of the defacto complainant, vide O.S. No. 1290 of 2022, on the file of the learned II Additional Junior Civil Judge, Chittoor. The suit is one for declaration. The petitioner is aged about 61 years. Based on the wound certificate issued by the Medical Officer, the Section of Law was altered and Section 118(2) of the Bharatiya Nyaya Sanhita (BNS) was added. Hence, this Court does not deem it fit to grant pre-arrest bail to the petitioner. However, the learned counsel for the petitioner requests this Court to grant liberty to the petitioner to surrender before the learned jurisdictional Magistrate concerned and move an appropriate application for his release before the learned Magistrate concerned. 7. In the result, the Criminal Petition is disposed of granting liberty to the petitioner to surrender before the learned jurisdictional Magistrate concerned 4 and move an appropriate application before the learned Magistrate for enlarging him on bail. The learned Magistrate shall endeavour to dispose of the application on its own merits in accordance with law by giving due and sufficient opportunity of hearing to the learned Public Prosecutor before learned Magistrate and pass appropriate orders within the a reasonable time, preferably in two (02) days. Sd/- N NAGAMMA assistant registrar / //TRUE COPY// SECTION OFFICER To, 1. The 11 Additional Civil Judge (Junior Division), i 2. The Station House Officer, Yadamari Police Station, 3. Two CCS to Public Prosecutor, High Court of Andhra 4. One CC to Sri. P Sai Surya Teja, Advocate [OPUC] 5. Two CD Copies Chittoor, Chittoor District. Chittoor District. Pradesh. [OUT] sree HIGH COURT PATED:04/08/2025 ORDER CRLP NO. 7725 OF 2025 S 22 AUG 2o?5 ^ ^ ^ Current Section ^ disposing of the CRIMINAL PETITION