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2025 DAILYLAW 28879 (AP)

Yerrabaligari Nagaraju alias Raju alias Kothi alias Chaptla v. The State of Andhra Pradesh

CRLP/8311/2025 · 2025-08-20

Y Lakshmana Rao

body2025

Judgment text

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/ C` IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT THURSDAY, THE TWENTY FIRST DAY OF AUGUST I TWO THOUSAND AND TWENTY FIVE :PRESENT.- THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8311 OF 2025 Between : 1. Yerrabaligari NagaraJ®u @ Raju @ Kothi@ Chaptla, S/o Y. Obilesu, Aged about 39 years, R/o. Thimmanacheruvu vI-llage, Peddapappur Mandal, Ananthapuramu District. '\ ...Petitioner No.1/Accused No.1 2. Yerrabaligari Nagendra, s/o y. obilesu, Aged about 34 years, R/o. Thimmanacheruvu village, Peddapappur Mandal, Ananthapuramu D['strict. . . . Petitioner No.2/Accused No.2 3. Yerrabaligari ObI'leSu, S/o Y. Obilesu, Aged about 30 years. R/o. Thimmanacheruvu village, Peddapappur Mandal, Ananthapuramu District. ...Petitioner No.3/Accused No.3 4. Narasapuram chandrasekhar, s/o Adinarayana, Aged about 25 years, R/o. ThI'mmanacheruvu Village, Peddapappur Mandal, Ananthapuramu District. . . . Petitioner No.4/Accused No.4 5. Narasapuram Raju, S/o Late Naganna, Aged about 47 years, R/o. Thimmanacheruvu village, Peddapappur Mandal, Ananthapuramu DI'StrI'Ct. ...PetitI-Oner No.5/Accused No.5 4'. Narasapuram Venu, S/o Raju, Aged about 23 years, R/o. ThimmanacheruVu Village, PeddapapPur Mandal, Ananthapuramu I District. ...petitioner No.6/Accused No.7 AND The State of Andhra Pfadesh, Rep. by its Public Prosecutor, High Court at t Amaravathi, Through S.H.O., Peddapappur Police Station,Anantapur '`Distr'[ct. ...Respondent/Complainant _'\. petition under section 437 & 439 of Cr.P.C and U/s 480 & 483 of BNSS is filed praying that in the circumstances stated in the affidavit filed -ln support of the cr-lm-lnal petition, the High Court may be Pleased tO enlarge the petitioners/Accused No,1,2,3,4,5,7 respect-lvely in Cr'lme No. 38 of 2025, dated o1.06.2025 of Peddapappur P.S., Anantapuram D'lstrict. The petition coming On for hearing, upon Perusing the Petit'lon and the affidavit filed in support thereof and upon hear'lng the arguments of SRI MEDAPATI SANTOSH REDDY Advocate for the Petitioners, Assistant Publ'lc prosecutor for the respondent and the court made the following. ORDER 410412432025 i v-\ lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (special original Jurisdiction) THURSDAY,THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIIVIINAL PETITION NO: 8311/2025 [3521] Between : 1.YERRABALIGARI NAGARAJU ALIAS RAJU ALIAS KOTHI ALIAS CHAPTLA, S/Q Y. OBILESU, AGED ABOUT 39 YEARS, R/O, THIMMANACHERUVU VILLAGE, PEDDAPAPPUR MANDAL, ANANTHAPURAMU DISTRICT. 2.YERRABALIGARI NAGENDRA, S/O Y. OBILESU, AGED ABOUT 34 yEARS, R/O. THIMMANACHERUVU VILLAGE, PEDDAPAPPUR MANDAL, ANANTHAPURAMU DISTRICT 3.YERRABALIGARI OBILESU, S/O Y. OBILE'SU, AGED ABOUT 30 yEARS. R/O. THIMMANACHERUVU VILLAGE, PEDDAPAPPUR MANDAL, ANANTHAPURAMU DISTRICT 4.NARASAPURAM CHANDRASEKHAR, S/O ADINARAYANA, AGE`D ABOUT 25 YEARS, R/O. THIMMANACHERUVU VILLAGE, PEDDAPAPPUR MANDAL, ANANTHAPURAMU DISTRICT. 5.NARASAPURAM RAJU, S/O LATE NAGANNA, AGED ABOUT 47 yEARS, R/O. THIMMANACHERUVU VILLAGE, PEDDAPAPPUR MANDAL, ANANTHAPURAMU DISTRICT 6.NARASAPURAM VENU, S/O RAJU, AGED ABOUT 23.YEARS, R/O. -THIMMANACHERUVU VILLAGE, PEDDAPAPPUR MANDAL, ANANTHAPURAMU DISTRICT. ...PETITIONER/ACCUSED(S) AND €fzztr t Dr-> CrI.P.No.8311 of 2` Dated 21.08.2O2` THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High i court at Amaravathi, Through S.H.O., Peddapappur Police Station,Anantapur District. ...RESPONDENT/COMPLAINANT counsel for the Petitioner/accused(S): MEDAPATI SANTOSH REDDY Counsel for the Respondent/complainant: PUBLIC PROSECUTOR '\ 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.I)/ Sections 480 and 483 of the Bharatiya itagarik Suraksha Sanhita, 2023 (for brevity [the BNSS'), seeking to enlarge the petitioners/Accused Nos.1 to 5 and 7 on bail in cr.No.38 of 2025 of Peddapappur Police Station, Ananthapuram D|lstr'lct, registered against the petitioners/Accused Nos.1 to 5 and 7 herein for the offences punishable under Sections 115 (1),118 (1), 49,109 (1) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity 'the BNS'). 2. The case of the prosecution iS that On 10.06.2025 a{ about 06.30 p.M., Accused Nos.1 to 7 beat K. Rathnamma and Venkata Rangaiah with sticks and stones and caused swelling injuries and blunt injuries. Knowing ) Dr. YLR, I Crl.P.No.8311 of 2025 Dated 21.08.2025 about the incident, the complainant came to his house. While the \ complainant was present near the house, Accused Nos.1 to 7 came there, shouted, and attacked the complainant Kattubadi Manoj Kumar with hunting sickles and knives indiscriminately with intent to murder, causI'ng a bleeding injury on his back. On seeing the same, his relative Nagaraju and his villager Sudhakar Reddy came there, and on seeing them, the accused ran away from the place. Then they shifted the injured to Government Hospital and admitted them for treatment. This incident occurred due to previous ill-feelings between the complainant and the accused. 3. Sri Medapati Santosh Reddy, the learned counsel for the petitioners contend that the petitioners are innocent of the alleged offence and have been falsely implicated by the police. It is further submitted that the petitioners are the sole earning members of the family and, therefore, their incarceration would cause undue hardship to their dependents. The petitioners undertake to strictly adhere to any conditions that may be imposed by this Court, ln light of the foregoing subinissions, learned counsel prays that the present petition be allowed in the interest of justice. 4. Per confra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of'bail to the petitioners, submitting that the investig~ation is still undervay and several material DI CrI.P.No.8311 oJ ` Dated 21.08.2c,` witnesses remain to be examined. lt i`c`, contended that if the petitioners are L released on bail at this stage, there is a strong likelihood that they may abscond, thereby hampering the ongoing investigation and evading the process of law. ln view of the foregoing submissions, -l{ is urged that the petit'lon be dismissed. 5. Heard the learned counsel for the petit'loners and the learned Assistant Public Prosecutor. Perused the record. '\_ D 6. As seen from the record, the Petitioners/Accused Nc;S`.1 to 5 and 7 have been in judicial custody for the past 78 days. The petitioners were arrested on o6.06.2025. So far, nine witnesses have been examined. The wound certificate is received, -wherein it is ment-loned that the victim suffered simple injuries. A case was registered against the Petit'[OnerS aS they intended to attempt to do away with the life of the victim. The material portion of the invest-lgation is completed. Hence, the question of the petitioners influenc'lng or threatening the witnesses or hampering the investigation may not arise. 7. Consider|lng the period Of detention undergone by the pet-ltioners/Accused Nos.1 to 5 and 7 in judicial custody for the past 78 days, the nature and gravity of allegations levelled against the petitioners, c±-_ € I. * .| Dr. YLR, J Crl.P.No.8311 of 2025 Dated 21.08.2025 and their alleged role played in the case, thl-s court is inclI-ned tO enlarge I the petitioners on bail with the following stringent condI-lions: i. The petitioners/Accused Nos.1 to 5 and 7 shall be enlarged -on bail subject to they executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), each with two sureties each for the like sum each to the satisfaction of the learned JudicI-al Magl®strate of First Class, TadI-Patri. '\ ii. The petitioners/Accused Nos.1 {o 5 and 7 shall appear before the station House Officer concerned on every saturday l'n between 10:00 am and 05:00 pm, tI'll COgniZanCe iS taken by the learned 'the Trial Court, iil-. The petitioners/Accused Nos.1 to 5 and 7 shall not leave the limits of the District without prior permI'SSiOn from the Station House Officer Concerned. iv. The petitioners/Accused Nos.1 to 5 and 7 shall not commit or indulge in commission of any offence in future. v. The petitioners/Accused Nos.1 to 5 and 7 shall cooperate With the investigating officer in further investigation of the case and shall make themselves available for interrogation by the investigating officer as and when required. L CrI.P.No.8311 a) . Dated 21.08.2L,_ vi. The petitioners/Accused Nos.1 to 5 and 7 shall not, d'lrectly or indirectly, make any inducement, threat or promise 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. Accordingly, the Criminal Petition 'ls allowed. ASSIST Sc!/- u. s.RI L`EVi //TRUE COPY// SECTiOIN rJFFICER' To, 1. The Judicial Magisrate of First Class Tadipatri, Ananthapuram District. 2. The Superintendent, Sub Jail, Tadipatri, Ananthapuram District. 3. The S.H.O., Peddapappur Police Station, Anantapuram District. 4. One CC to SRI. MEDAPATI SANTOSH REDDY Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court ofAndhra Pradesh.[OUT] 6. One spare copy KSR f' HIGH COURT DR.YLR, J DATED:21 /08/2025 BAIL ORDER CRLP.No.8311 of 2025 ALLOWED I-.:I,,,:#B=;fgff - I,± Lj<_\ yng ;is€§E `-..-,=`, .--. I,.i •.=±r' 1-i'.+ g:='rQi ck=-````\` &, _:_£ ``' I-* . -.:_S::-. '.'.\_..* ZZ I ;i:tL ;-b "€**ng**%ffing±