Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 27482 (AP)

BASI LAKSHMAN v. STATE OF ANDHRA PRADESH

CRLP/6225/2024 · 2025-01-20

K Sreenivasa Reddy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

` Z' ra EE lN THE HIGH COURT-OF ANDHRA PRADESH AT AMARAVATl |1 MONDAY ,THE TWENTIETH DAY OF JANUARY L/ ;i; TWO THOUSAND AND TWENTY FIVE / `/, THE HONOURABLE SR-I-J-b-S-Tie-i -K SREENIVASA REDDY /` CRIMINALPETITION NO: 6225OF2024 / :PRESENT: -* -*..? Betwee n : rf Basi Lakshman, S/o. Veera Raju, aged 35 years, R/o. Door.No. 3-6-67, Bojjannakonda, Gajuwaka, VisakhapatnawhF/ Petitioner/Accused No|2 lrf AND State ofAndhra Pradesh, Rep.by Station House Officer, Gajuwaka \5P# police`Sfation, Through Public Prosecutor, High Court o;£iAndhra Pradesh at Amaravati Respondent petition under sections 4# of BNSS (old 438\offJ6r.p.c), 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 on bail in the event of his arrest in connection with Cr.No. 271peof 2024 of Gajuwaka Police station, visakhapatifm District. Ll--L The petition coming on for hearing, upon perusing the Petition and the grounds filed in supportJhereof and the earlier Order Of the High court dated I_ _ __ __ _i_ 26.09.2024 & 30.12.2024 made herein and upon hearing the arguments Of Sri rJ3U-` = v v sATisH, Advocate for the Petit|loner and of PUBLIC PROSECUTOR for the Respondent and the Court made the following; ORDER: ) ._ APHCOI O389622024 EiTRE IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (special Or-lginal Jut-lsdictiOn) MONDAY ,THE TWENTIETH DAV OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JU`STICE K SREENIVASA REDDY qul_NAL PETITION NO: 6225 OF2Q24 Betwee n : Basi Lakshman AND state of Andhra Pradesh counsel for the petitioner/accused: 1.VV SATISH [3327] ...PETITIONER/ACCUSED ...RESPONDENT/COMPLAINANT counsel for the Respondent/COmPlainant: 1. PUBLIC PROSECUTOR The Court made the following: t ORDER:- _-=\\- The Criminal Petit'lon, under Section 482 of the Bharat'lya Nagarik suraksha sanhita, 2023 [for short, fB.N.S.S'], is flled On behalf Of the petitioner/accused No.2 seeking antiC'lPatOry ba" in Crime No.271 of 2024 of Gajuwaka Police Station, Vlsakhapatnam D|lstrict. 2. The case has been registered aga-lnSt the Petitioner/ Accused No.2 and others for the offences punishable under sections 324, 323, 509, 506 read with 34 lPC and 3(2)(va) of the SCs and the STs (PoA) Act and thereafter section 324 IPC was altered to 326 lPC. \s-an- l- _- \ •-I-,. 3. Case of the prosecu.lion, in brief, is that on ll.05.2024, the police I/ recorded the statement of the defacto complainant, wherein it is stated that one Mr. Pusarla Ganesh had planned to start a business jointly and that the defacto complainant sold his land and transferred Rs.28.00 lakhs to said Ganesh. Thereafter, he realized that the said Ganesh is cheating people on the name of business and thus he approached him to refund the amount and said Ganesh assured him that he would return the money. ln the course Of the said transaction, the defacto complainant and his friend Mr. Sai came for discussion. on that, Accused-1 came and pushed the head Of defaCtO complainant against a wall, removed his shirt and pushed him by using filthy language and fled to the terrace. Accused-1 and along with the petitioner and others came to the terrace and Accused-1 beat him with stick on his head and on that the defacto complainant fell down and all of them beat with legs and then his mother stopped them from beating him, but they lifted him and pushed him down and abused her mother. Hence, a case has been registered, basing on the report of the defacto complainant. 4, Heard. Perused the record. 5. On a perusal of record, it goes to show that specific overt acts are attributed only against Accused-1 that he beat with stick on his head, resulting defacto complainant sustaining grievous injuries. Whereas, it is alleged in the complaint that when the defacto complainant fell down, all the accused beat with legs. q----* ±jlss=3¢S i- I, 6. Considering the facts and Circumstances Of the Case, th-IS Court 'ls -InCl-lned tO grant ant'ICiPatOry bail tO the Petitioner/A2 herein, On the following conditions. (i) Accord-lngly, in the event Of his arrest With regard tO this Crime, petitioner/ Accused No.2 shall be released On ba" On his executing Personal bond for a sum of Rs.10,000/-(Rupees ten thousand Only) each, With two sureties for a I-Ike sum each to the `satisfaction of s.H.O, Gajuwaka Police slat-Ion, v'lsakhapatnam and also on cond-ltion that the petitioner shall make himself available for investigation as and when required and that they shall not cause any threat, inducement or promise to the prosecution witnesses. on release, the petitioner shall appear before the station House Offllcer concerned once in a week i.e., on every sunday between 10.00 a.m. and o5.00 p.m., till filing Of the Charge Sheet. 7. Accordingly, the Criminal Petit-Ion iS allowed. //TRUE COPY// For/--- sD/-M,PRABHAKARA RAo AS=I_STAriT#se sECTloN oFFlcER To'1 The S.H 0., Gajuwaka Police StationT#sakhapatnam DIStrlCt 2. One CC to SRl. V V SATISHffi#tocate [OPUC] 3. Two CCs to Public Prosecutor, High Court of AP [OUT] `r=.' 4. One spare COPY psk Jr/ •rjg HIGH COURT SRK,J DATED:20.01.2025 BAIL ORDER CRLP.No.6225 of 2024 ALLOWED £jie`9'i.#frL g g& i: A ¥{tB \\\\ _,-;st ) rm=S-¢\+ a, r1|! c,i .)t ~* I_