Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 27270 (AP)

Juturu Chinna Prabhakar Reddy v. THE STATE OF ANDHRA PRADESH

CRLP/7883/2025 · 2025-08-05

Y Lakshmana Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

I IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATS? WEDNESDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE ' : PRESENT: , THE HONOURABLE DR JUSTICE Y. LAKSHMANA RA&s CRIMINAL PETITION NO: 7883 OF 2025 /;V. r v r '■ ♦» u, V ;• * A •■x •v\ r / .-Y ‘•i Between: & Juturu Chinna Prabhakar Reddy, S/o Late JC Nagi Reddy, Aged about 71 years, Occ: Ex MLA Tadipatri, R/o Do.No. 15-1256, Sanjeev Nagar, Tadipatri Town, Ananthapuramu District, Andhra Pradesh - 515411 Petitioner/Accused No.28 AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court Amaravathi, Guntur District, Andhra Pradesh Through SHO, Tadipatri Town P.S., Ananthapuramu District j Respondent/Complainant Petition under Section 482 of BNSS praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to direct the respondent police to enlarge the petitioner/ Accused No 28 on bail in the event of his arrest by the Tadipatri Town Police Station in Crime No 97 of 2024 dated 15.05.2024 lA NO: 1 OF 2025 Petition under Section 482 of BNSS praying that in the circumstances stated in the grounds filed in support of the petition, the High Court may be pleased to grant interim anticipatory bail to the petitioner, directing the Station House Officer, Tadiparthi Town Police Station, Anantapur District, to release the Petitioner on bail in the event of his arrest in F.I.R.No97 of 2024 on the file of Tadiparthi Town Police Station, Anantapur District, Pending disposal of CRLP No.7883 of 2025, on the file of the High Court. Counsel for the Petitoner: Sri Thandava Yogesh, Advocate Counsel for the Respondent: Public Prosecutor, High Court of AP 2 ORDER: The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the petitioner/Accused No.28 on bail in Cr.No.97 of 2024 of Tadipatri Town District, registered against the Police Station, Ananthapuram petitioner/Accused No.28 herein for the offences punishable under Section 147, 148, 188, 332, 427, 353, 307, 120-B read with 149 of the Indian Penal Code, 1860 (for brevity ‘the I.P.C.,’) and Police Firing and Sections 3 & 4 of Prevention of Damage of Public Property Act, 1984 (for brevity ‘the Act’). 2. 2. The case of the prosecution is that on 14.05.2024 at approximately 16:00 hours, at Junior College Grounds, Tadipatri Town, a group of individuals comprising certain unidentified followers of Kethireddy Pedda Reddy, MLA, Tadipatri, and certain unidentified followers of J.C. Prabhakar Reddy criminally conspired and formed into an unlawful assembly armed with stones and sticks, in contravention of promulgated prohibitory orders under Section 144 of ‘the Cr.P.C.’ The said assembly proceeded to hurl stones at the residential premises of Kethireddy Pedda Reddy, thereby causing damage to public property, including a police Vajra vehicle, and creating a situation of public disorder. At the relevant time, the complainant, G. Siva Sankar, serving as (ARSI-1582), AR Headquarters, Armed Reserve Sub-Inspector Ananthapuramu, was deployed at the location with a tear gas unit for Bandobust duty. Upon witnessing the unlawful assembly, he issued lawful warnings and attempted to disperse the mob. However, the accused persons the lawful directions and obstructed the police personnel in the of their official duties, thereby committing offences punishable defied discharge under Sections 186 and 353 of ‘the I.P.C.’ During the course of the agitation, assembly resorted to stone pelting, resulting in injuries to the Sub- Divisional Police Officer (SDPO), Tadipatri, and further damage to the police the vehicle. In response to the imminent threat and in exercise of lawful authority, Constable No.237, K.Kesavaiah of the Special Party, discharged 13 rounds from his Self-Loading Rifle (SLR) upon the agitators, thereby bringing Police the situation under control. 3. Sri Thandava Yogesh, the learned counsel for the petitioner, submits that the petitioner has not committed any offence; he was falsely implicated in this case; he is ready to abide any conditions to be imposed by this Court; he is sole breadwinner of their family; he is ready to abide any conditions to be imposed by this Court, and it is urged to grant pre-arrest bail to the petitloners/Accused No.28. Per contra, Ms.P.Aklila Naidu, the learned Assistant Public Prosecutor, opposed in granting of pre-arrest bail stating that investigation is not yet completed; if the petitioner was granted pre-arrest bail, he will repeat the offence and urged to dismiss the bail petition. 5. Perused the record. 4. same 4 The allegation levelled against the Petitioner/Accused No.28 is that the followers of the Petitioner went to the house of the former MLA of YSRCP and hurled stones. The Petitioner was not there at the scene of offence at the time of the alleged offence. The Petitioner is a former MLA. The Petitioner is aged about 71 years. There are altogether 209 accused were shown in the case. A learned Single Judge of this Court in Crl.P.No.3783, 3990 and 4216 of 2024 granted pre-arrest bail to other Accused. In Crl.P.No.5462 of 2024 Accused Nos. 154 and 188 were granted pre-arrest bail. In Crlp.No.4515 of 2024 Accused Nos.168, 11, 13 were granted pre-arrest bail. Considering the gravity and the nature of the allegations and the alleged role played by the petitioner in this case, this Court deems it fit to grant prearrest bail to the petitioner in the event of his arrest. In the result, the Criminal Petition is allowed with the following 6. 7. 8. conditions: i. In the event of his arrest, the petitioner/Accused No.28 shall be enlarged on bail subject to he executing a personal bond for a sum of Rs. 10,000/- (Rupees Ten Thousand only), with two sureties for the like sum each to the satisfaction of the arresting police officials, ii. The petitioner/Accused No.28 shall make himself available for investigation as and when required. 5 The petitioner/Accused No.28 shall not cause any threat, inducement or promise to the prosecution witnesses. The petitioner/Accused No.28 shall not leave India without the III. IV. express permission from the Station House Officer concerned. / Sd/- M.S.y. NAViN QHANDRA DEPUTY TRAR //TRUE COPY// SECTION OFFICER ; For To, 1. The SHO, Tadipatri Town P.S., Ananthapuramu District One CC to Sri Thandava Yogesh, Advocate [OPUC] Two CCs to Public Prosecutor, High Court of Andhra Pradesh [OUT] One spare copy 2. 3. 4. HIGH COURT DR.YLR, J DATED: 06/08/2025 BAIL ORDER CRLP.No.7883 of 2025 ALLOWED o m c_> oo n -3C; <j>