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High Court of Andhra Pradesh · body

2025 DAILYLAW 28303 (AP)

Yerukula Sai Krishna v. THE STATE OF ANDHRA PRADESH

CRLP/8208/2025 · 2025-08-13

Y Lakshmana Rao

body2025

Judgment text

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'€- IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl I THURSDAY, THE FOURTEENTH DAY OF AUGUST TWOTHOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE YI LAKSHMANA RAO CRIMINAL PETITION NO: 8208 OF 2025 Between.I yerukula sai Krishna, s/o. Late Yerukula SubbaI|ah Aged about 24 years, R/o. D.No.01/984, Yemmiganur Town, Kurnool DI'StrI-Ct-518360 'The State Represented Nelapadu. ... PetI-tiOner/Accusec] AND of Andhra pradesh, Through s.H.O., Yemmiganur p.s., by I'tS Public prosecutor, High Court of Andhra pradesh, \ ...Respondent/complaI-nant i` -. petition under sections 480 & 483 of BNSS, prayI'ng that in the cI'rCumStanCeS Stated I-n the memorandum of grounds filed in support of the crlmI'naI PetI'tiOn, the HIghr Court may be pleased to enlarge the petjtjoner/accused on bail I'n COnnec{ion with Crime No.116 of 2025 on the file of yemmiganur town p.s., Kurnool. The Petition com['ng ton fo|r hearI'ng, upon perusl'ng the pet['tjon and the memorandum of grounds flled in support thereof and upon hearing the arguments of M/s BOPPUD! ALEKHYA Advocate for the petjtI-Oner, and of PUBLIC PROSECUTOR, fo+ the Respondent, the court made the following .` Dr_YLR, J Crl. P. No. 8208-2025 Dt: 14.08.2025 The Court made the following ORDER: The Criminal Petition has been filed uhder Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity {the BNSS'), seek'lng to enlarge the petitioner/Accused on bail in Crime No.116 of 2025 of Yemmiganur Town Police Station, KurnooI District, registered against the petitioner/Accusedherein for the offence punishable under Section 103(1) of Bharatiya Nyaya Sanhita, 2023 (for short [the BNS'). 2. I The case of the prosecution, in brief is that, the de facfo complainant gave a complaint stating that on 16.05.2025 at about 10.00 P.M., the accused came and demanded the deceased i.e. father of de facfo complainan{ to return Rs.1,50O/-which was allegedly stolen by him. The father of the de facfo complainant replied that he did not take any amount from the accused. Then the accused beat the father of the de J:acfo complainant with a st'lck on the middle of the head and caused severe bleeding injury. The injured was shifted to Government General Hospital, Kurnool, where he was declared dead. 3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 4. Mr.B.AIekhya, learned counsel for the petitioner submits that the petitioner has not committed any offence; petitioner was falsely implicated by the police in the crime; petitioner is {he' sole breadwinner to his family and he would abide by any conditions to be imposed by this Court.The Petitioner has got fixed abode and he is permanent resident of Kurnool District.Hence, if any ? D r.YL\ CrI. P. No. 8208-202` Dt: 14.08.2025 condition is imposed while granting the bail, petitioner would not violate it and it is urged to allow the petition. + 5. Perconfra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor, opposed in granting of bail stating that ,c`,ome more material witnesses have to be examined and investigation is not completed.lf the petitioner was enlarged on bail, he would not be available for the investigation andpetitioner may threaten the witnesses andhe would escape from the clutches of law and it is urged to dismiss the bail petition. A 6. As seen from the record, the petitioner is.the sole accused. The allegation against the petitioner is that he beat the deceased with a stick on his head as a result, he fell down and suffered severe bleeding injuries. He was taken to hospital where he was declared dead. There are no adverse - antecedents against `{he petitioner, as submitted by the learned Assistant Government PIeader. The petitioner was arrested on 22.05.2025. The petitioner has been in judicial custody for the past 84 days. The Investigating officer so far examined eight (8) witnesses, They are all material witnesses. Except filing charge sheet after getting necessary documentation regarding Post-mortem report and other technical evidence, the material portion of investigation is completed. The petitioner is permanent resident of yemmiganur Town of Kurnool District. Hence, the petitioner escaping from clutches of law denying tria'l may not arise. / *``.I,-. i •--i*_,-3-fir:i-yJ=cf---, -:i--, Dr.YLR, J CrI. P. No.8208-2025 Dt: 14.08.2025 7. Considering the nature and gravity of allegation levelled against the petitioner, his alleged role played in this case, and the period of detention undergone by the petitioner, this court is inclined to enlarge the petitioner on bail with the following stringent conditions: i. The petitioner/Accused shall be enlarged on bail subject to them executing a bond for a sum of Rs.10,000/-(Rupees Ten five thousand only), with two sureties each for the like sum each ` to the satisfaction of the learnedJudicial First Class MagI|Strate, Yemmiganur. ii. The petitioner/Accused shall appear before the Station House Officer, Yemmiganur TownPolice Station, KurnooI 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 shall not leave the limits of the District without prior permission from the Station House Officer concerned. iv. The petitioner/Accused shall not commit or indulge in commission of any offence in future. v. The petitioner/Accused shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogatl'on by the investigating officer as and when required. I.,. 2 5 Dr.YL CrI.P.No.82O8-20< Dt: 14.08.202S vi. The petitioner/Accused shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted wI|th the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police offI-Cer. vii. The petitioner/Accused shall surrender hI'S Passport, if any, to the investigating officer. lf he claims that he does not have a Passport, he shall submI't an affidavit to that effect to the Investigating officer. 8. Accordingly, the CrI-minal Petition is allowed. SD/- K.SRINIVASA RAJU //TRUE COPY// ASS I SECTION OFFICER To, 1. The lI AddI'tl-Onal Dl-strict & sessions Judge, Adoni, Kurnool District 2. The Judicial Fl-rst class Magistrate, yemmiganur, KurnooI DjstrI'Ct 3. The Superintendent, sub-Jail, Adoni. 4. The Station House offl'cer, yemmiganur Town Police Station, Kurnoo! DistrI-Ct 5. One CC to M/s BOPPUDI ALEKHYA, Advocate [opuc] 6. Two CCs to PUBLIC PROSECUTOR, HI-gh Court of Andhra pradesh [OUT] 7. One spare copy PSR HIGH COURT DR.YLR,J DATED : 14/08/2025 BAIL ORDER CRLP.No.8208 of 2025 ALLOWED