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2025 DAILYLAW 28371 (AP)

Sarath Kranthi Kumar v. THE STATE OF ANDHRA PRADESH

CRLP/8139/2025 · 2025-08-11

Y Lakshmana Rao

body2025

Judgment text

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APHC010403072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8139/2025 Between: Sarath Kranthi Kumar ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 Dr.YLR, J Crl.P.No.8139 of 2025 Dated 12.08.2025 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 BharatiyaNagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the petitioner/accused on bail in Cr.No.215 of 2025 of Bheemunipatnam Police Station, Visakhapatnam District, registered against the petitioner/accused for the offences punishable under Sections 103(1), 238(a) and 303(2) of B.N.S. 2. Case of the prosecution in brief is that, on 02.05.2025 morning at about 10.00 hours, the complainant who is working as V.R.A., Majjipeta and in- charge of Dakamarri Revenue Panchayat received information through Dakamarri MPTC Chelluri Nagesh Babu that an unknown female half burn dead body was found near Dakamarri in Fortune Hills Layout inside by the side of road. Immediately, he went there and found a married female dead body aged between 20 to 25 years abutting to BT road by the side of mango tope and the said dead body is partially burnt, eyes partially opened and hair burnt. Basing on the report of the complainant, a case in Cr.No.215 of 2025 was registered for the offences punishable under Sections 103(1), 238(a) and 303(2) of B.N.S and investigated into. During the course of investigation it is found that the accused killed the deceased. 3 Dr.YLR, J Crl.P.No.8139 of 2025 Dated 12.08.2025 3. Sri G. Maheswara Rao, the learned counsel for the petitioner, submits that the petitioner was arrested on 04.05.2025 and he has been in judicial custody for the past 102 days. 4. Ms. P. Akhila Naidu, the learned Assistant Public Prosecutor, submits that preliminary charge sheet was filed on 05.08.2025 and so far, 15 witnesses have been examined. The prosecution is in an attempt to get the CC TV footages. 5. Perused the record. 6. As seen from the record, petitioner was arrested on 04.05.2025 and he has been in judicial custody for the past 102 days. Since it is submitted that statutory period of 90 days has been completed, the petitioner is at liberty to move appropriate application before the learned Jurisdictional Magistrate as per Sections 437 and 439 Cr.P.C. and 480 and 483 of B.N.S.S. 7. Accordingly, with the above direction, the Criminal Petition is disposed of. ________________________ DR. Y. LAKSHMANA RAO, J Date: 12.08.2025 ARB 4 Dr.YLR, J Crl.P.No.8139 of 2025 Dated 12.08.2025 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.8139 of 2025 Date: 12.08.2025 ARB