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2025 DAILYLAW 28785 (AP)

Chunduri Pothularaiah v. The state of Andhra pradesh

CRLP/8259/2025 · 2025-08-17

Y Lakshmana Rao

body2025

Judgment text

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APHC010410252025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8259/2025 Between: 1. CHUNDURI POTHULARAIAH, S/O OMKARAM, AGE 37 YEARS, MOGILICHARLA VILLAGE, LINGASAMUDRAM MANDAL, PRAKASAM DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor High Court of Andhra Pradesh, at Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. SIVAPRASAD REDDY VENATI Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 2 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 on bail in Crime No.66 of 2025 of Lingasamudram Police Station, Prakasam District, registered against the petitioner/Accused herein for the offences punishable under Sections 109(1) of Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’). 2. The case of the prosecution is that the complainant is a daily wage labourer and his brother namely Gopi used to sell tarpaulin sheets in Bangalore and one Mahindra of his Village is working under his brother. The accused used to tell Mahindra something against his brother and in this regard, the complainant questioned the accused and then accused verbally abused the complainant and when he attacked him, his mother rescued him from the hands of accused. Keeping the said grudge, on 14.07.2025 at around 3.30 PM, while the complainant leaving home on his motorcycle to attend the Gangamma festival in Mogilicharla Village, the accused kicked him. As a result, he fell down from the motorcycle and then the accused attacked the complainant mercilessly with the knife, caused severe bleeding injuries on his abdomen and fled away from the spot. 3 Later, the mother of the complainant admitted him in Kandukur Government hospital for treatment. 3. Mr.Sivaprasad Reddy Venati, the learned counsel for the petitioner / Accused 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 was arrested on 19.07.2025 and he has been in the judicial custody for the past 30 days. The petitioner is permanent resident of Lingasamudram Mandal, Prakasam District and it is urged to enlarge the petitioner on bail. 4. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the bail stating that LWs.5 to 7 supported the version of the complainant and urged to dismiss the bail application. 5. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 6. As seen from the record, the petitioner /accused was arrested on 19.07.2025 and he has been in the judicial custody for the past 30 days. The allegation against the petitioner is that he attacked the complainant with knife and caused severe bleeding injuries to his back. Wound certificate is not yet received. Learned Assistant Public Prosecutor submits that L.Ws.5 to 7 who are the independent witnesses have supported the version of the complainant. Moreover, investigation is pending. 4 7. Considering the gravity, nature of the allegations against the petitioner and the pendency of the investigation, this Court is not inclined to grant bail to the petitioner at this juncture. 8. In the result, the Criminal Petition is dismissed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 18.08.2025 KA 5 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8259/2025 Date: 18.08.2025 KA