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2025 DAILYLAW 26768 (AP)

Suri Prasad v. THE STATE OF ANDHRA PRADESH

CRLP/7774/2025 · 2025-07-30

Y Lakshmana Rao

Transfer Petitionbody2025

Judgment text

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'I APHC010379232026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI QMS << V v.^ THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE S.' SV'..'' '/ / ■a / •c' V'. y ■Jl.y -.y V y'"-' PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7774 OF Between: Suri Prasad, Kalavamula Kandrika, Gangapatnam Panchayat Indukurupet Mandal SPSR Nellore District ...PETITIONER/ACCUSED N0.3 AND The State of Andhra Pradesh, Through Station House Officer, Gudur Police Station, SPSR Nellore District Rep., by public court of Andhra Pradesh. Thotapalli prosecutor High ...RESPONDENT/COMPLAINANT Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to enlarge Anticipatory Bail in the event of Arrest of the petitioner /Accused No.3 connecting in Crime No.143 of 2025 on the file of Thotapalli Gudur Police station, SPSR Nellore District. / A Counsel for the Petitioner Counsel for the Respondent: PUBLIC PROSECUTOR The Court made the following ORDER : : SRI LINGALA HAZARATHAIAH APHC010379232025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY,THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7774/202.^ Between: SURI PRASAD, KALAVAMULA PANCHAYAT INDUKURUPET MANDAL SPSR NELLORE DISTRICT ...PETITIONER/ACCUSED KANDRIKA, GANGAPATNAM AND THE STATE OF ANDHRA PRADESH, Through S.H.O Thotapalli Gudur P.S SPSR Nellore District Rep.by public prosecutor High court of Andhra Pradesh ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to enlarge Anticipatory Bail event of Arrest of the petitioner /Accused No.3 connecting in Crime No.143 of 2025 on the file of Thotapalli Gudur Police station, SPSR Nellore District and to pass Counsel for the Petitioner/accused: LINGALAHAZARATHAIAH Counsel for the Respondent/complainant: PUBLIC PROSECUTOR The Court made the following: in the Dr. YLR, J Crl.P.No.7774 of2025 Dated 31.07.2025 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.143 of 2025 of Totapalli Gudur Police Station, Sri Potti Sriramulu Nellore District, registered for the alleged offences punishable under Sections118(1) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’). 2. The case of the prosecution is that on 02.06.2025 at 10.00 hours, in the fields of Sadepalli Venu at Narukuru Village, while the de-facto complainant was proceeding to her house. Accused Nos.1 to 3 beat the de-facto complainant on her hands and legs with iron rods and caused bleeding injuries on her right palms and a swelling injury on her right shoulder. Basing on the report of the complainant, the police registered a crime against the petitioner/Accused No.3 and others. 3. Sri. L.Hazarathaiah, the learned counsel for the petitioner, submits that the petitioner has not committed any offence; he was falsely implicated in this case; he is sole breadwinner of his family; he is ready Dr. YLR, j Crl.P.No.7774 of2025 Dated 31.07.2025 abide any conditions to be imposed by this Court, and it is urged to grant pre-arrest bail to the petitioner/Accused No.3. 4. Per contra, Ms.P.Akila Naidu, the learned Assistant Public Prosecutor, opposed in granting of pre-arrest bail Stating that is enlarged on pre-arrest investigation and he will repeat the application. investigation is not completed; if the petitioner bail, he would not be available for the i same offence; and it is urged to dismiss the bail 5. Heard the learned counsel for the Public Prosecutor representing the State. Perused petitioner and learned Assistant the record. 6. As seen from the record, the petitioner is a Poiice Constabie, The allegation against the petitioner is that he caught hold the de-facto- complainant and instigated Accused No.1 and other accused to do away the life of the de-facto complainant. On that. Accused No.1 beat de-facto complainant with petitioner. an iron rod, resulting in grievous injuries to the 7. Since there are specific overt and also the petitioner allegedly instigated the other de-facto complainant, this Court feels pre-arrest bail to the petitioner/Accused No.3. acts attributed against the petitioner accused to beat the that there are no merits to grant 4 Dr. YLR, J CrI.P.N0.7774 of2025 Dated 31.07.2025 In the result, the Criminal Petition is disposed of. However, as per the request of the learned counsel for the petitioner, liberty is given to the petitioner/Accused No.3 to surrender before the learned jurisdiction Magistrate concerned, and move an appropriate application before the learned Magistrate, within two (02) weeks from the date of receipt of this order. The learned jurisdiction Magistrate shall endeavor to dispose of the application on its own merits and pass appropriate orders within a 8. reasonable time, preferably in one (01) day. SD/- SK.MOHAMMED RAFI ASSISTANT REGISTRAR I 3 //TRUE COPY// S N OFFICER To, 1. The Thotapalli Gudur Police Station, SPSR Nellore District. 2. One CC to Sri. Lingala Hazarathaiah, Advocate [OPUC] 3. Two CCs to Public Prosecutor, High Court of Andhra Pradesh [OUT] 4. Two C.D Copies. at Amaravathi. TAG 'I HIGH COURT DATED:31/07/2025 \ ORDER CRLP NO. 7774 OF 2025 § 2 t AUG 2075 r Current section , CIVIL REVISION PETITION IS DISPOSED OF.