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2025 DAILYLAW 27466 (AP)

Pillakathapu Chandra Sekhar v. State of Andhra Pradesh

CRLP/6311/2024 · 2025-03-27

K Suresh Reddy

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

lN THE HIGH COURT OF ANDHRA PRADESH AT AMAR J|? THURSDAY ,THE TWENTY SEVENTH DAY OF MAR ll^/O THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE K SURESH REDDY CRIMINAL PETITION NO: 6311 OF 2024 Between : PiIIakathapu Chandra Sekhar, S/o Sambu Sivudu, Aged about 44 years, Occ. Business, R/o Cheemalapenta Post and Village, Pendimarry Mandal YSR Kadapa District. Petitioner/Accused AND State of Andhra Pradesh, Through SHO, Kadapa I Town U/G Police Station, Rep. By its Public Prosecutor High Court of Andhra Pradesh at Amaravathi. Respondent/Complainant Petition under section 482 of BNSS (438 of Cr.P.C.,) is filed praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioner/Accused on Bail in the event of his arrest in connection with crime No. 315 of 2018 of Kadapa I Town U/G Police Station, YSR Kadapa District The petI-lion coming On for hearing, upon perusing the Petition and the affidavit filed in support thereof and the High Court order dated 14.10.2024, 13.ll.2024, 06.12.2024 , 20.01.2025 ,27.01.2025 & 05.02.2025 made herein and upon hearing the arguments of SRI K SRINIVAS, Advocate for the Petitioner, PUBLIC PROSECUTOR for the Respondent and the court made the following; ORDER r- APHCOI O39O182024 E] HE] E¥)i H. LE lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF MARCH ll^/O THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY CRIMINAL PETITION NO= 6311/2024 Betwee n : Pillakathapu Chandra Sekhar State of Andhra Pradesh AND [3239] ...PETITIONER/ACCUSED ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. K SRINIVAS Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following: ORDER: As per the directions of My Lord the Hon'ble the Chief Justice, this criminal petition has been allotted to this Bench by notice dated 25.03.2025 and the same is treated as part of the roster effective from 26,03.2025. 2. The petitioner, who is accused in Crime No.315 of 2024 on the file of Kadapa I Town U/G Police Station, Kadapa District, filed the present application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, jE` q .I 2023 (BNSS), seeking anticipatory bail. Said crime was registered for the /r offence punishable under Sections 308(5), 331 (3), 305(a) r/w 3(5) of B.N.S. 3. Case of the prosecution is that the de facfo complainant is running a Xerox shop situated at D.No.5/500 next to Kailas Printing Press, Munirao Street, Kadapa city and eking out his livelihood. The owner of the shop is none other than the elder brother of the de facfo comp'ainant. He has taken said shop for rent from his brother for the last 20 years and running a Xerox shop and job work. lt is further alleged that there are disputes between the owner of the shop, who is the brother of the de facfo complainant, and the petitioner. While so, on 01.07.2024 at about night time, the petitioner snatched the bike keys of the de facfo complainant and cash of Rs.5,000/- and threatened him stating that his brother has to pay certain amount to him. The de facfo complainant informed the same to his brother. Again on the night of 02.07.2024, the petitioner along with some others broke open the keys of the shop and having come to know, the de facfo complainant went there and the petitioner and others ran away. Again on 03.07.2024 at about 07.00 A.M., the petitioner along with mini truck went to the shop of the de facfo complainant and committed theft of 2 Lamination machines, 6 Xerox machines, 2 H.P. Laptops, 2 H.P. Desktops, and 2 H.P. Printers along with other material worth about Rs.1.00 lakh. The same has been reflected in the C.C. footage. 4. Learned counsel for the petitioner contends that there are certain disputes between the brother of the de facfo complainant and the accused. The petitioner has already approached the competent Civil COurt by filing suit \` -----) in o.s.No.108 of 2018 before the learned VI Additional District Judge, Kadapa. As such, he requests this Court to grant antiCiPatOry bail tO the petitioner. 5. On the other hand, the learned Addit'lonal Public Prosecutor opposed the bail application contending that right from the date of offence, the petitioner is abscond'lng and he -ls not cooperating with investigation. He further contends that there is material i.e., c.c. footage available to establish the petitioner committing offence. Be that as it may, aS the Cr'lme Was reg'IStered aS early aS On o9.07.2024 and as this Court has already granted interim Protection, this court is inclined to grant anticipatory bail to the petitioner with certain conditions: _-t- 'l) The petitioner / accused iS directed tO Surrender before the station House Officer, Kadapa I Town U/G Police Station, Kadapa Distr-let, on or before 10.04.2025. On such surrender, the station House Ofrlcer, Kadapa I Town U/G Police Station, Kadapa Distr'lct, is directed tO release the Petitioner / accused On bail on his execut-lng a personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand Only) With two Sureties for the like sum each to the satisfaction of the station House Officer, Kadapa I Town U/G Police Station, Kadapa District. ill) petitioner / accused shall make himself available for interrogation as and when required, and he shall not, directly Or indirectly, make any inducement, threat or promise to any Person • fur-I acquainted with the fac.ts of the case so as to dissuade him from disclosing such facts to th+e court or to any police offllcer. iii) petitioner / accused 'ls directed to appear before the Station House Officer, Kadapa I Town U/G Police Station, Kadapa District, once in a week i.e., On every Monday between 10.00 A.M. and 01.00 P.M. until further orders. iv) petitioner / accused is directed to cooperate with Investigating officer and he shall not tamper with the prosecution witnesses. Art,cordinc]lv. the Criminal Petition is allowed. //TRUE COPY// Sd/- K. TATA RAO DEPUTY \. GISTRAR For ASSISTANT REGISTRAR To, 1. The VI AdditI'OnaI Sessions Judge, Kadapa 2. The Station House officer, Kadapa I Town U/G Police StatI'On, YSR Kadapa Dl'strl'ct 3. One CC to SRI. K SRINIVAS Advocate [OPUC] 4. Two cos to PUBLIC PROSECUTOR, High Court ofA.P[OUT] 5. One spare copy Ei= Lid 29 MAR?fl?5 HIGH COURT KSR,J DATED.. 27/03/2025 BAIL ORDER CRLP.No.6311 of 2024 ALLOWED