Extracted from the PDF above. The PDF is authoritative.
"Tiro_ _ ,--_' IN THE HIGH COURT OF ANDHRA PRADESH AT A FRIDAY ,THE TWENTY EIGHTH DAY OF MAR I TWO THOUSAND AND TWENTY FIVE :PRESENT: I 'ffl THE HONOURABLE SRI JUSTICE K SURESH REDDY CRIMINAL PETITION NO: 6546 OF 2024 Betwee n :
1. Shaik Abdulla, S/o Saidhulu, Aged about 53 years, R/o. 44-15-189, Lenin Nagar, Gunadala, Machavaram, Vijayawada, Krishna District-
520004. (A-6)
2. Komatipalli Durgarao, S/o Krishnaiah, Aged about 41 years, R/o 49-2- 17 C, Urmila Nagar, Gunadala, Vijayawada-520004. (A-7)
3. Joga Ramana, S/o Joga Satyanarayana, Aged about 39 years, R/o 41- 4-39, Peeta Basavaiah Street, Krishna Lanka, Vijayawada-520013. (A- 8) )
4. Goka Durga Prasad, S/o Venkata Rao, Aged about 45 years, R/o 12- 656, Sundarayya Nagar, Tadepalle, Guntur-522501. (A-9)
5. Joga RaJ®u, S/o Nukaraju, Aged about 44 years, R/o 41-23/5-20, Oil Kottu Street, Krishna Lanka, Vijayawada-520013. (A-ll )
6. Shaik Babu, S/o Shaik Saleem, Aged about 41 years, R/o 41-28/5-58, Sagulaperraya, Krishna Lanka, VI-jayaWada-520013. (A-12)
7. Yellaboyina prabhudasu, s/o y. Lingaiah, Aged about 43 years, R/o 32- 42/8-10, Maruti Nagar, Machavaram, Vijayawada-520004. (A-21 )
8. Karnati Ramaswami, s/o Lakshmaiah, Aged about 45 years, R/o 53-1- 69, Vijaya Nagar Colony, Gunadala, Vijayawada-520008. (A-22)
9. Songa Sudheer Varma, S/o Songa Steven, Aged about 46 years, R/o 36-7-15, Mattukoyya vandanam veedhi, wood pet, vijayawada-
520010. (A-24)
10. Komira Ramesh Babu, C/o KomiraRajarao, Aged about 32 years, R/a 41-28/7-16, Krishna Lanka, Vijayawada-520013. (A-25) :\ \
ll. Setikam Durgaraoq, S/o Janardhana Rao, Aged about 39 years, R/o 70-ll-13, Santi Nagar, Patamata, Vijayawada-520011. (A-27)
12. Kalapala Ambedkar, S/o Prasad Rao, Aged about 52 years, R/o 52-1-39, KalapalaVari Street, Gunadala, Vijayawada-520004. (A-32)
13. / Batchu Murali Kr'lshna, S/o Punnaiah, Aged about 52 years, R/o 24-17-12, 4th line, Bavaji Peta, VIjayawada-520003. (A-36)
14. Challa Veeraswami, S/o ChallaSrinivasa Rao, Aged about 34 years, R/o 41-28/2-22, T P Raju Street, RanigariThota, Krishna Lanka,
15. Vijayawada-520013. (A-38) Kasagoni Durgarao, S/o Lakshmaiah, Aged about 49 years, R/o. 41-1/14-134, Ranadheev Nagar, Krishna Lanka Vijayawada-520013. (A-42)
16. Kandra Yedukondalu, , S/o Subbaiah, Aged about 45 years, R/o 41-22/1-6, Swargapuri Road, 5th Line, Bramaramba Puram, Krishna
17. 18. 19. 20. 21. Lanka, Vijayawada-520013(A-44) Maddela Sai, S/o Maddela Satyanarayana Raju, Aged about 37 years, R/o 41-2/3-17, Harijana Sevasangam Street, Metia Bazar Road, Krishna Lanka, Vijayawada-520013.
(A-46) pantalaSaibaba, C/o PantalaBala Rama Krishna, Aged about 35 years, R/o 41 T20/2-61, 2nd Floor, G Towers, Pachameda Bazar, Vijayawada-520013.I (A-49) puppala Raja, , S/o Puppala Vishnu Surya Prakasarao, Aged about 36 years, R/o 41-1/2-36, PuppalaVari Street, Opp. Pindimara, Dwaraka Nagar 3rd line, Krishna Lanka, Vjjayawada-520013. (A-50) Mullapudi Sai Santosh, S/o MullapudiHanumantha Rao, Aged about 34 years, R/o 41-4-1, Metia Bazar, Krishna Lanka, Vijayawada-
520013. (A-53) Kandru Sri Raj, S/o Sudhakar, Aged about 33 years, R/o 41-8/2- 18, Pathagudia Bazar, Krishan Lanka, Vijayawada-520013. (A-55) ...Petitioners/Accused
AND The State of Andhra Pradesh, Rep. by the Station House Officer, Mangalagiri Rural P.S., Rep. through ptlb]iC Prosecutor, High Court ofAndhra Pradesh at Amaravathi. ...Respondent petition under section 482 of BNSS (438 of Cr.P.C), praying that in the circumstances stated in memorandum of grounds of criminal petition, the High Court may be pleased to enlarge the petitioners on bail in the event of their arrest by the Respondent Mangalagiri Rural P.S., Guntur Urban District in Crime No.650/2021, dated 19.10.2021 ;
JALN_O: 1 OF 2Q2±: Petition under section 482(1) of BNSS (438(1) of Cr.P.C), praying that in the circumstances stated in memorandum of grounds of criminal petition, the High Court may be pleased to grant interim bail to the petitioners by directing the Respondent Mangalagiri Rural P.S., Guntur Urban District not to arrest the petitioner in Crime No.650/2021, dated 19.10.2021, pending disposal of CRLP.No.6546 of 2024, on the file of the High Court. ) The petition coming on for hearI'ng, upon Perusing the Petition and memorandum of grounds of criminal petitl'on and the order of the High Court dated 01.10.2024, 16.10.2024, 29.10.2024, 26.ll.2024, 10.12.2024 & 27.12.2024 ,10.01.2025, 05.02.2025 ,17.02.2025 & 24.02.2025 made herein and upon hearing the arguments of sri satish sandu, Advocate for the Petl'tioners and public prosecutor for the Respondent, the court made the following;
ORDER Today when the matter is taken up for hearing, Sri Ponnavolu Sudhakar Reddy, learned Senior Counsel, representing Sri Sandu Satish, learned counsel for the petitioners, states that during pendency of the present Criminal Petition, petitioner Nos.4, 20 & 21 / A.9, A.53 & A.55 were already arrested and they were enlarged on bail by the Court below. = -- /. I-
2. In view of the said statement, the present crI-mI'nal Petl'tion, insofar as r/ the petitioner Nos.4, 20 & 21 / A.9, A.53 & A.55 are concerned, I-S hereby dismissed as infructuous. As such, the present crl'mI-nat Petition is jn respect of other petitioners. 3. The petl'tI'OnerS are accused jn Cr.No.650/2021 of Mangalagiri Rural police station, Guntur DI'StriCt, regl'stered for the offence punishable under sections 147, 148, 452, 427, 323, 324 & 506 I/w 149 lPC. [t is brought to the notice of this coun that subsequently said crime was transferred to c.I.D.
4. Case of the prosecution is that on 19.10.2021 at about o5.20 P.M., when the de facfo complainant was in the office of the Telugu Desam party, the petitioners along with 70 others attacked the office and caused I-njuries to some of the prosecution witnesses. on the basis of the said allegatI'On, the present crl'me has been registered agal'nst the petitioners and others. 5. Sri Ponnavolu sudhakar Reddy, learned senior counsel, vehemently argued that a false case has been foI'Sted against the petitioners as they belong to opposite party. Further, he contends that the I'njuries received by the prosecution party are simple in nature. He further contends that a" the offences alleged against the petI'tI-OnerS are punishable with seven years or less than seven years. Learned senior counsel further contends that some of the accused approached the Honfble supreme court, questI'Onl-ng the order refusing to grant antjcipatory bail by thl®s court, vide s.L.P. (CrI.) No.12873 of 2024 and S.L.P. (CrI.) No.13607 of 2024. After hearing both sides, the Hon'ble i-
-`; -.-iiE---- ZI a J supreme court disposed of t~he said s.L.Ps by Order dated 25.02.2025 granting antic-lpatory bail to the petitioners therein. The Hon'ble Supreme court in its order observed as under-. l'A" the same, it WOuld also be relevant tO mention here that admittedly no efforts were made at the hands of the complainant to move 'before the H'lgh Court in a Wr-lt Petition Seek-lng Proper investigation in the case.
considering these facts, we allow the petitioners' prayer for anticipatory bail, as custodial interrOgat'lOn at this stage may not be necessary. Be that aS it may, the fact also remains that if a Cr'lme has been committed, then the perpetrators must be brought to justice. The investigation must proceed fairly. For this reason, While disposing Of the Petitions, We also d'IreCt that a" the petit-[oner(s) shall co-operate With the Ongoing inVeSt'lgatiOn and be present at the police stat'lon or at any other designated place as requ'lred by the Invest-lgating officer and shall furnish all details which are in their possess'lon and knowledge to the lnvestigat-Ing Offllcer. we make it absolutely clear that the non¢ooperation of the petitioner(s) w'III result in the Vacating Of this Order. As such the respondent state -ls at liberty to approach th'ls court, -lf their invest'IgatiOn iS hindered due tO nOn-COaperatiOn by the Petitioner(S). we have already directed that the pet'ltioner(s) shall surrender their passport(s) to the lnvestigat-lng officer. Apart from that, it 'lS hereby ordered that the petitioner(s) shall, ®In any Case, not leave the country without prior information to the Investigating officer or perm'lssion of the court, in case charge sheet is filed in present case." L!-E L
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6. On the Other hand, learned Additional Public Prosecutor opposed the ba" application contending that sectlon of law was altered to sect'lon 307 lPC fj by Memo dated 03.07.2024. 7.
Be that aS it may, aS the Hon'ble Supreme Court has already dealtWith the matter elaborately and as some of the accused were granted anticipatory bail, this court is inc['lned to grant antic'IPatOry bail tO the Petit'lOnerS 1 to 3 & 5 to 19 on the following COndit'lOnS: (i) ln the event of arrest of the petitioners 1 to 3 & 5 to 19, they are directed to be released on ba" on their executing personal bonds for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each With two Sureties for the like sum each to the satisfaction of the concerned lnvestigat-lng Offilcer. (ii) The petit'lOnerS 1 to 3 & 5 to 19 are directed tO CO- operate with Investigating officer. They are further
directed not to tamper with the prosecution w'ltnesses in any manner. Non-cooperation Of the Petit-lOnerS 1 to 3 & 5 to 19 result in VaCat-lng Of this Order. (ii'l) The respondent - State iS at liberty tO approach th-lS court if the investigat'lon 'IS hindered due tO nOn- cooperation by the petitioners 1 to 3 & 5 to 19. Accord'lngly, the Criminal Petition 'lS allowed. • e,2 /ITRUE COPY// DEPUTY ,RE"l€ Sd/-I K.TAtA` RAo #TRAR ForT`l SECTION'OFFICER To'1. The Station House Officer, Mangalagiri Rural P.S, Guntur Urban District.
2. One CC to Sri. Satish Sandu, Advocate [OPUC]
3. Two CCs to Public Prosecutor, High Court of AP [OUT]
4. One spare copy
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