APHC010391352025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7939/2025 Between: GADDAM NAGA BUSHANAM ALIAS SWAMY, S/O. SUHBA RAO AGED ABOUT. 59 YEARS R/O.C BLOCK, FIRST FLORE, RAJIV GRUHAKALPA, DUMMULAPETA,KAKINADA, EAST GODAVARI DISTRICT. A.P ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High Court, at Amaravathi. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: Dr CHALLA SRINIVASA REDDY Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr. YLR, J Crl.P.No.7939 of 2025 Dated 03.09.2025 The Court made the following: ORDER: The Criminal Petition has been filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.’)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the petitioner/Accused No.3 on bail in Cr.No.154 of 2010 of Nagarampalem Police Station, Guntur District, registered against the petitioner/Accused No.3 herein for the offences punishable under Sections 302 and 34 of the Indian Penal Code, 1860 (for brevity ‘the IPC’), Sections 25 and 27 of the Arms Act. 2. The case of the prosecution is that on 28.02.2008, the daughter of A-1 was married to the son of the deceased. At the time of marriage, A-1 gave Rs.10 lakhs, 220 sovereigns of gold, and 10.50 acres of land as dowry. After a brief period of cordial life, it was revealed that the deceased’s son had developed an extramarital affair. On 07.03.2009, Madhavi gave birth to a daughter and thereafter chose to reside with A-1. On 25.11.2009, while A-1 and his wife were away, Madhavi was found hanging in the house and was declared dead at the hospital. A-1 suspected that his son-in-law had murdered her and stage-managed it as suicide, and accordingly reported the matter. On 05.07.2010, during a 3 Dr. YLR, J Crl.P.No.7939 of 2025 Dated 03.09.2025 settlement meeting at the Inspection Bungalow between A-1, the deceased, and elders, three unknown assailants armed with pistols entered the room at about 3:15 p.m., opened fire, and killed the deceased on the spot before fleeing. 3. Sri Dr.Challa Srinivas Reddy, the learned counsel for the petitioner contends that the petitioner is innocent of the alleged offence and has been falsely implicated by the police. It is further submitted that the petitioner is the sole earning member of the family and, therefore, his incarceration would cause undue hardship to his dependents. The petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing submissions, learned counsel prays that the present petition be allowed in the interest of justice. 4. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioner, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the petitioner is released on bail at this stage, there is a strong likelihood that he may abscond, thereby hampering the ongoing investigation and evading the process of law, and it is urged to dismiss the petition. 4 Dr. YLR, J Crl.P.No.7939 of 2025 Dated 03.09.2025 5. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 6. As seen from the record, originally the Investigating Officer filed charge sheet showing the petitioner/Accused No.3 as absconding. However, during the PRC proceedings before the learned Jurisdictional Magistrate, pursuant to issuance of NBW, the petitioner/A-3 was arrested and produced, and he was remanded. Later, this Court in Crl.P.No.4696 of 2023 enlarged the petitioner on bail. After that, the petitioner did not turn up in the case for more than 10 years. Therefore, the learned Sessions Judge was constrained to split up S.C.No.379 of 2013 and proceed with the trial against the other Accused persons, and the split-up S.C. was registered as S.C.No.264 of 2023 on the file of II Additional Sessions Judge, Guntur, arising out of Cr.No.154 of 2010 of Nagarampalem Police Station, Guntur City. The learned Assistant Public Prosecutor submits that in the main S.C., i.e., S.C.No.379 of 2013, the trial is at the fag-end stage, and nearly 28 witnesses have been examined by the prosecution before the learned Trial Court. NBW was executed on the petitioner with great difficulty by the police on 11.07.2024, and ever since, he has been in judicial custody. 5 Dr. YLR, J Crl.P.No.7939 of 2025 Dated 03.09.2025 7. The learned Counsel for the petitioner submits that the reason for the petitioner evading the process of law and not appearing before the learned Trial Court for facing Sessions Trial was that there was a threat from the co-accused. If really the petitioner faced threat from the co- accused, he would have approached either the learned Trial Court or the concerned police. Evading the process of law for more than a decade is not an excuse on the ground that he faced life threat from the co- accused. 8. Be that as it may, the alleged crime was registered in the year 2010, and more than one and a half decades have passed by since then. Therefore, there are no merits to grant bail to the petitioner at this juncture. The learned II Additional Sessions Judge, Guntur, is directed to make endeavour to dispose of the split-up S.C.No.264 of 2023 as early as possible, preferably within a period of six (06) months. 9. In the result, the Criminal Petition is dismissed. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 03.09.2025 6 Dr. YLR, J Crl.P.No.7939 of 2025 Dated 03.09.2025 RSI THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.7939 of 2025 Date:03.09.2025 RSI