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2025 DAILYLAW 28900 (AP)

K CHANDRA BABU v. The State of Andhra Pradesh

CRLP/8357/2025 · 2025-08-20

Y Lakshmana Rao

body2025

Judgment text

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lN THE HIGH COURT OF ANDHRA PRADESH AT AMARA THURSDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y, LAKSHMANA RAO CRIMINAL PETITION NO: 8357 OF 2025 Between: K Chandra Babu, S/o. K Nagaraja, aged 34 years, A R/o. Thayaramma street, Rayalpeta Village and Post Peddapanjani Mandal, Chittoor District. ... Petitioner/AI AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court, at Amaravathi, ... Respondent petition under section 482 of BNSS act is filed, praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Pet-ltioner/Alon Bail in the event of Arrest in Crime No.15 of 2025 on the file of Panjani Police Station, Chittoo+ District by granting Anticipatory Bail. The petition coming on for hearing, upon Perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of SRI SIVA NAGARJUNA SIDHADAPU Advocate for the Petitioner, Assistant Public prosecutor for the respondent and the Court made the following. ORDER 3 APHCO1041£,892025 ]N THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (special Original Jurisdiction) THURSDAY',THE TWENTY FIRST DAY OFAUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8357/2025 [3521] . Between : K CHANDRA BABU, S/O. K NAGARAJA, AGED 34 Y.EARS, A R/O. ThAYARAMMA STREET, R+AYALPETA VILLAGE AND POST PEDDAPANJANI MANDAL, CHITTOOR DISTRICT. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High Court, at Amaravathi, .URESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.SIVA NAGARJUNA SIDHADAPU Counsel for the Respondent/comp[ainant: '1.PUBLIC PROSECUTOR The Court made the following: . ORDER: The Criminal Petition has been filed under Section 482 of the Bharatiya - Nagarik Suraksha Sanhita, 2023 (for brevity {the BNSSl) by the Petitioner/Accused No.1 for granting of pre-arrest bail in connection with Crime No.15 of 2025 of Panjani Police Station, Chittoor District, registered for the 2 alleged offences punIShable under s-ectIO~ns 318 (4), 316 (2), 351(2), 61(2), 111(2)(b) read wlth 3(5) of the Bharatjya Nyaya sanhjta, 2023 (for brevl'ty fthe BNS]). 2. The case of the prosecution is that pnor to o2.02.2025 at Rayalapeta vlIJage, a report was lodged at the poll'ce station on o2.02.2025 at 5.loo p m by the complajnant, y. vama Reddy. He stated that ln AprlI 2023, whl'Ie he vISl'ted Rayalapeta along wlth his relatI'Ve, M Suryaprakash Reddy, for some bankl'ng- related work, he came l|nto contact wI-th Accused No 1, K Chandr-a Babu of . \ Rayalapeta, who introduced hlmself Gas a stock Exchange Broker Accused No.1,nduced the comp'alnant to bel,eve that he could earn substantlal profltS through the share market I-i he Invested money through hl'm Further, Accused No 2/Revathi (wI'fe of Accused No.1), Accused No.3/K LakshmI Narayana, / Accused No 4/Sreedhar, Accused No 5/RaJeSh, Accused No 6 - K Sukesh, and Accused No 7/K. Sjvaiah, also made the complalnant belleVe that I-nvestlng money wlth Accused No.1 in the share market would yield good profltS. BelI'eVIng their representatl'ons, the complalnant pald a total amount of Rs.72,21,000/-to the accused in var[|ous Instalments through bank accounts and phonepe numbers provlded by them. The accused later returned an I amount of Rs.27,51,000/-to the compla['nan{, clalmlng lt to be the profl't earned from share market investments. Thereafter, the accused stopped respondI'ng {o the complainant. Despite repeated requests for the return of HIS remalnlng money, the accused kept postponing repayment. Fl-Rally, on o9.08.2024 at Punganur, Accused No.1 and Accused No.8 informed the complainant that his money had been used in cricket betting and was lost. They also threatened him with dire consequences, stating that they would kill him if he revealed the matter to anyone. Thus, the accused dishonestly cheated the complainant to the tune of Rs.44,77,000/-. CONTENTIONS OF THE COUNSEL FOR THE PETITIONER: 3. Sri Siva Nagarjuna Sidhadapu, the learned counsel for the Petitioner, submits that the petitioner has not committed any offence; he was falsely implicated in this case; he is sole bread winner of his family; he is ready abide any conditions to be imposed by this Court, and it is urged to grant pre-arrest bail to the petitioner/Accused No.1. ARGUMENTS OF THE ASSISTANT PUBLIC PROSECUTOR: 4. Per confra, Ms. P.Akila Naidu, the learned Assistant Public Prosecutor, opposed in granting of pre-arrest bail stating that investigation is not completed; if the petitioner is enlarged on pre-arrest bail, he would not be available for the investigation, and he will repeat the same offence; and it is urged to dismiss the bail application. 5. Perused the record. poIN`T FOR CONSIDERATION: 6. Now the point for consideration is: £EWhether the Petitioner is entitled for grant of pre-arrest bail?" ANALYSIS.I 7. This Court in Crl.P.No.7601/2025 dated 31.07.2025 granted pre-arrest _-- -. . ._.-I-.®I.~_->_.~+--r-..* A.-^. -*-i- . bail to Accused Nos.2, 4, 6 to 8 and ll. The PetI'tiOner/Accused No.1 is the _ " ..`_,__.__.-.~--, -'~v_-` ` , i` ~±`'+`-l-`l--' -l~' `=`c~.-,`-_.^__.".`ng._. _...._`.``` `. ` , . . ` ~.a..```._`< w.`.r`*...~.`.._~...::.i:.:~-:~=:==~~:,,====_I,: organI'Zer Of the alleged Offence in Which he engaged other accused and lured .. --._\-Ill-v-'-`'.-I =.-~y _`` - `'-'fo-`v. -a c-`l' +n``~:,.-..`<I7rrfu.I,I. ....{=_ ' ~-_.'r-a-'~,_ . I;±±Jq_elf_9e{.9._,,I.^Q_quPlaipant,`J.`induCed hl'm to invest in shares, but kept the ' -.--_-.-------```...~-.`_.~.._ ~ _ _ `rat-. .-_ng.` amounts in cricket bettI'ng. As seen from the record, the nature of allegations _____~. . `.` ~`..~..~try`--wi I ~'.r~~=l-~-~-..-`lJ`_a.**_ a-+~T` I leveled against the petitioner/Accused No.1, pr,'ma fac,'e, will not fall under the category of organized crime, but fall under the category of offence which is liable for punishment of less than seven (o7) years. 8. Considering the nature of the allegations leveled against the PetI-tiOner/Accused No.1, his alleged r6le played I'n thl-S Case, this Court deems it fit to grant pre-arrest bail to the petitioner/Accused No.1. CONCLUSION: 9. In the result, the criminal Petition is allowed with the following conditions: i. In the event of their arrest, the petitioner/Accused No.1 shall be enlarged on bail subject to he executing a personal bond for a sum of Rs.h5Q,000/- (Rupees FI-fly Thousand only), with two sureties for the like sum each to the satisfaction of the arresting police offic]'als; ii. The petitlloner/Accused No.1 shall make himself available for investigation as and when required; --.i. r ~3 (-7 5 'lii. The-petitioner/Accused No.1 shall not cause any threat, inducement or promise tO the Prosecution Witn.eSSeS; iv. The petitioner/Accused No.1 shall appear before the Station House Officer concerned twice' in a Week i.e., On every wednesday and S`aturday between 10.00 a.m. and 5.00 p.m., till filing of the charge sheet. v. The pet`!t.ioner/Accused No,1 `shall not leave the district limits without the express permission from the station House Officer concerned. sD/-L]. SRIDEV[ TRAR CER SECTION OFFl //TRUE COPY// To71. The SHO, Panjani Police Station, ChittOOr Distr'lct 2. One CC to SRI SIVA NAGARJUNA SIDHADAPU Advocate [OPUCl 3. Two CCs to PUBLIC PROSECUTOR, H'lgh Court Of Andhra pradesh.[OUT] 4. One spare COPY ksr HIGH COURT DR.YLR, J DATED:21/08/2025 ORDER CRLPINo.8357 of 2025 ALLOWED