MALLIDI SUNIL REDDY v. THE STATE OF ANDHRA PRADESH
CRLP/251/2025 · 2025-01-17
Maheswara Rao Kuncheam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 2709 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2709 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl + FRIDAY, THE SEVENTEENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE :PRESENT: " `=-`| -I THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHE*ffi-;
CRIMINAL PETITION NO: 251 OF 2025 Betwee n : ..` -. MallidI- Sunjl Reddy, s/o. satyanarayana Reddy, aged 36 years, R/o. D. No. 10-247, Bapanamma Temple, Anapartl', East Godavari District, Andhra Pradesh ...Petitioner/Accusec! AND The State of Andhra pradesh, Represented by its publl-c Prosecutor, HI'gh court of Andhra pradesh, High Court Buildings at Nelapadu, Guntur District, Andhra Pradesh. SHO PS, Eluru I Town, Eluru DistrI-Ct ...Respondent/complainant petition under section 438 of Cr.P.C and New Section 482 of BNSS, praying that in the circumstances stated in the memorandum of grounds filed jn support of the criminal petI-lion, the Hl'gh Court may be pleased to grant pre-arrest bail to the petitioner in the event of his arrest in crime No.150 of 2024 dated 30.09.2024 on the file of the SHO, PS, EIuru I Town, Eluru, EIuru Dl-strict, Andhra pradesh The Petl'tion comI'ng On for heart-ng, upon perusI'ng the Petition and the memorandum of grounds filed in support thereof and upon hearing the:
arguments of SRI V SAI KUMAR, Advocate for the petI'tiOner, and of PUBLIC PROSECUTOR, for the Respondent, the court made the following
THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 251 of 2025
ORDER: This Criminal Petition Under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS) (under Section 438 of Cr.P.C.), is filed seeking to enlarge the petitioner/accused No.5 on anticipatory bail in Crime No.150/2024 of EIuru I Town Police Station, EIuru District, registered for the offences punishable under Sections 318(4), 308(2), 308(5), 351(2), 74, 77, 78,111(2) r/w 3(5) BNS and Sections 4 and 12 of the consumer Protection Act, 2019 and Section 74 of the Indian Contract Act. 2. Heard arguments of Sri V.Sai Kumar, learned counsel for petitioner/Accused No.5 and Sri A.Sai Rohit, learned Assistant Public Prosecutor for respondent/State. 3. Perused the record. 4. The FIR was registered on 30.09.2024. The victim/de facfo complainant is a woman. The case of the prosecution is that the de facfo complainant and her family have been borrowing money from Al from the year 2011. The allegations are that inspite of repayment of considerable amount, still Al was not satisfied with it. It is further alleged that in the year 2021, the present petitioner and other accused I| `\ -_rS
victim's family. Thus, the petitioner and other accused are harassing her and her family. With those allegations, in the year 2024 FIR was emanated. 5. The learned counsel for the petitioner specifically asserted that in the same crime, Al to A4 had already filed Crl.P.No.9027 of 2024 seeking bail. This Court, after considering all the facts and circumstances, allowed Crl.P.No.9027 of 2024 by Order dated 20.12.2024, and the present petitioner is A5, who is on better footing than Al to A4. 6. Conversely, the learned Assistant Public Prosecutor did not dispute the same. Therefore, in the light of the above facts and circumstances, more particularly, in view of the enlargement of bail to Al to A4 by this Court, I am inclined to allow this criminal petition in similar terms as per the order in Crl.P.No.9027 of 2024, with the following conditions: (i) ln the event of arrest of the petitioner herein/Accused No.5, he shall be enlarged on bail on his executing a personal bond for a sum of Rs.5,000/- (Rupees Five Thousand only) with two sureties of the like sum each to the satisfaction of the concerned Investigating Officer.
c --,~_ f`\
?# 3 (ii) The petitioner/Acrtycused No.5 shall mark his attendance before the Investigating officer once in a fortnight i.e., on lSt and 15th of every month between 10.00 AM and 1.OO PM till filing of the charge sheet. (iii) The petitioner shall make himself available for investigation by a police officer as and when required, and he shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts tO the Court or to any police officer. criminal petition is allowed accordingly. SD/- B.PRASAD RAG |-\--_ ASSISTANT REGIST AR //TRUE COPY// OFFICER F{ To]
1. The V Additional District & Sessions Judge-Gum-Special Court for Trial of offences against Women, West Godavari at Eluru
2. The Station House Officer, Eluru I Town Police Station, EIuru, Eluru District
3. One CC to SRl. V SAI KUMAR Advocate [OPUC]
4. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT]
5. One spare copy PSR
I/ I
HIGH COURT MRK,J DATED..17/01/2025 ANTICIPATORY BAIL ORDER CRLP.No.251 of 2025 ALLOWED +''_ IL