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2025 DAILYLAW 27994 (AP)

K Manohar alias Krishakkagari Manohar v. THE STATE OF ANDHRA PRADESH

CRLP/8054/2025 · 2025-08-17

Y Lakshmana Rao

body2025

Judgment text

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[3521 I lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY ,THE EIGHTEENTH DAY -OF AUGUST TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RA CRIMINAL PETmON NO: 8054 OF 2025 Between : Eil fr _+±j*::g£ •¥erdi K Manohar @ Krishakkagari Manohar, S/o Adinarayana, aged about 44 years, Occ: Agriculture, R/o Munimadugu village, Penugonda Mandal, I Presently residing at Gotiuru village, Dharmavaram mandal, sri Satyasai District, A.P. PetI-tiOner/Accused No.3 AND The State of Andhra Pradesh, Rep by Public Prosecutor, High Court of Andhra Pradesh, Amaravati. Respondent Petition under section 480 & 483 of BNSS, 2023 is filed praying that in the circumstances stated in the affidavit filed in support of the criminal petition;, the High Court may be pleased t6 release the Petitioner who was arrayed as Accused No.3 on bail in connection with crime No.38 of 2025 da{esd 21.05.2025 on the fl-Ie of Kotha Cheruvu Police Station, Sri Sathyasai DistrI'ct for offences leveled against the petitioner under section 126(2),118 (1), 54 r/w 3 (5) ofBNS Act. The petition/Appeal coming on for hearing, upon perusing the petition and the grounds filed in support thereof and upon hearing the arguments of Sri SUDHAKARA RAO AMBATI Advocate for the petitioner, PUBLIC PROSECUTOR (AP) for the Respondent and the court made the following. h\. 2 i The Court made the following ORDER: The Crim'lnaI Petition has been filed under Sections 480 and 483 of the .> Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity fthe BNSSJ), seeking to enlarge the petitioner/Accused No.3 on bail in Crime No.38 of 2025 of Kotha cheruvu police Station, Sri Sathya Sai District, registered against the petitioner/Accused No.3 herein for the offences punishable under Sections 109(1),126(2),118(1), 54, 238(a) read with Sect'lon 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short [the BNS'). 2. The case of the prosecution in brief iS that, On 21.05.2025 the de racfo complainant lodged a complaint stating that While he Was coming On his motorcycle, three unidentified persons attacked and beat him With Stones, aS a result, he sustained injuries. The de facfo complainant mentioned the names of the petitioner herein and two others as accused. The police registered the aforementioned crime and investig.ated into. During investigation, the Section of law was altered and sections 238(a) and 109(1 ) were added. 3. Heard learned counsel for the petitioner and the learned Assistant public prosecutor. Perused the record. 4. Mr.Ambati Sudhakara Rao, learned counsel for the petitioner submits that the petitioner has not committed any offence and the petitioner was falsely implicated by the police in the crime. Learned counsel further submits that' the name of the petitichre`rJlerein was not mentioned in the complaint. The petitioner is the sole breadwinner and he would abide by any conditions to be `^ • |.~ _r.` ~j ``+ i- 3 imposed by this Court. Learned counsel further submits that Accused No.1 in this case was enlarged on pre-arrest bail in crI.P.No.5866 of 2025 dated •T* 30.06.2025. The Petitioner has got fixed abode, hence, I'f any COnditI-On iS imposed while granting the bail, petitioner would not violate it and it is urged to allow the pet['tI-On. 5. Perconha, Ms.P.Akhi]a Naidu, the learned AssI'Stant Public Prosecutor submits that investigation is not completed and some more material witnesses have to be examI'ned. 6. As seen from the record, the petI'tiOnerWaS arrested On 27.05.2025 and he has been in I-udiCial Custody for the Past 82 days. Accused No.1 in this crime was already enlarged on pre-arrest bail on 30.06.2025. The victim was admitted on 20.05.2025 and discharged from the hospital on 25.05.2025. The Petitioner Was Permanent resident Of Munimadugu Vl-llage and he is temporarily residing at Gotluru Village of dharmavaram Mandal, Sri Sa{hya Sai District. Material portion of the investigation I'S completed. All the prI-Or witnesses have been examined. Therefore, the apprehension of petitioner threatening the witnesses or tampering the investigation may not arise. 7. Considering the nature and gravity of allegation levelled against the Petitioner, his alleged role played in thI-S Case, the Progress Of the investigation and the period of judicial custody that tie has been undergone; this court is inclined to enlarge the petitioner on bail with the following stringent conditions: < .-,------9 <,=rir' 4 i. The petitioner/Accused No.3 shall be enlarged on bail subject to them executing a bond for a sum of Rs.1Q,000/-(Rupees Ten thousand only), with two sureties each for the like sum each to the satisfaction of the learned Judicial Magistrate of First class, Puttaparthi. ii. The petitioner/Accused No.3 shall appear before the Station House Officer, Kotha Cheruvu Police Station, Sri Satya sai District, on every Saturday in between 10:00 am and 05:00 pm., till cognizance is taken by the learned the Trial Court. iii. The petitioner/Accused No.3 shall not leave the..limits of the District without prior permission from the Station House Officer concerned. iv. The petitioner/Accused No.3 shall not commit or indulge in commission of any offence in future. - v. The petitioner/Accused No.3 shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the investigating officer as and when required. vi. The petitioner/Accused No.3 shall not, directly or indirectly, make any inducement, threat or p'romise to any person acquainted with the facts of the Case so as to dissuade `him/her from disclosing such facts to the court or to any police officer. _/ _, i,/ €L,-/ / ``S `[._. I - is` .-i _\€ i 5 vii. The petitioner/Accused No.3 shall surrender his passport, if any, to the investigating officer. If he claims that he does not ` have a passpo.rt,, he shall submit an affidavit to that effect to the lnvestigatI'ng Officer. 8. Accordingly, the Criminal-Petition is allowed. SD/-P.VINOD KUMAR ASSISTANT STRAR //TRUE COPY// SECTION.OFFICER To, \'. 1. The Judicial First class Magistrate, Puttaparti, Sri Sathyasai Dl'strict. .=.i|-.` 2. The Superintendent, sub Jail, D.harmavaram. 3. The Station House Officer, Kotha Cheruvu Police Station, Sri Sathyasai District. I i 4.i, On; CC to SRl. SUDHAKARA RAO AMBATI Advocate [OPUC] l|+ I 5.llTwo cos to public pr`osecut''6r`'(AP) HI'gh Court ofA,P., Amaravati |QUT]. : 6. Onesparecopy, I.\ `-` , HIGH COURT DRIYLR,J DATE D : 18/08/2025 BAIL ORDER CRLP.No.8054 of 2025 ALLOWED I =*_*t\--,+:.- ".--`-,nd) _; :i I,..+r4:)*.-I