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2025 DAILYLAW 28980 (AP)

Gollapalli Rohith Vasu v. THE STATE OF ANDHRA PRADESH

CRLP/8370/2025 · 2025-08-20

Y Lakshmana Rao

body2025

Judgment text

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APHC010413712025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY,THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8370/2025 Between: GOLLAPALLI ROHITH VASU, S/O.GOLLAPALLI SREENU, AGE 24 YEARS, R/O.6-996, SANKARAPURAM, CHINNACHOWK, KADAPA, YSR KADAPA DISTRICT. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Represented by the State Public Prosecutor, High Court of Andhra Pradesh, Amaravati, Through Station House Officer, Khajipet U/G PS, YSR Kadapa District ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. DHEERA KANISHKA Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 2 Dr. YLR, J Crl.P.No.8370 of 2025 Dated 21.08.2025 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 No.10 on bail in Cr.No.57 of 2025 of Khajipet U/G Police Station, YSR Kadapa District, registered against the petitioner/Accused No.10 herein for the offences punishable under Sections 329 (3), 109 (1), 351 (2) read with 3 (5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’). 2. The case of the prosecution is that on 01.04.2025 at about 10.00 A.M., the complainant stated that she is earning her livelihood by doing finance business. She has been acquainted with one Obul Reddy of Ukkayapalli, Kadapa Town for the past one year, and during that period Obul Reddy had borrowed about Rs.10,80,000/- from her on various occasions. Subsequently, he did not respond to her and block- listed her phone number. On 31.03.2025, when the complainant went to the house of Obul Reddy to question him, he, on learning of her arrival, did not come home and instructed his brother Pandu to lock the house. The complainant then took the keys from Pandu, telling him to send his 3 Dr. YLR, J Crl.P.No.8370 of 2025 Dated 21.08.2025 brother to Khajipeta for the keys. Later, at about 10.00 P.M., Obul Reddy, in collusion with Surya of Kadapa, sent his associates, namely Laddu @ Mahammad Gouse, Bablu, and five others, armed with knives and sticks, to assault the complainant. While they trespassed into her house and threatened her, she immediately called her driver, Shiva Krishna. When Shiva Krishna questioned them, Laddu @ Mahammad Gouse attacked him with a knife, causing bleeding injuries to his stomach and left hand, and another associate beat him with a stick, causing swelling on his left shoulder. Out of fear, the complainant raised cries, and upon noticing the arrival of neighbours, the accused fled from the scene on their motorcycles. 3. Mr.Dheera Kanishka, the learned counsel for the petitioner contends that the petitioner is innocent of the alleged offence. It is further submitted that the petitioner is the sole earning member of the family and, therefore, his incarceration would cause undue hardship to his dependents. The petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing submissions, learned counsel prays that the present petition be allowed in the interest of justice. 4 Dr. YLR, J Crl.P.No.8370 of 2025 Dated 21.08.2025 4. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioner, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the petitioner is released on bail at this stage, there is a strong likelihood that he may abscond, thereby hampering the ongoing investigation and evading the process of law,and it is urged to dismiss the petition. 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 No.10 is a rowdy- sheeter, and a case under Section 302 of ‘the IPC’ was also registered against him. The petitioner was arrested on 18.06.2025 and has been in judicial custody for the past 61 days. L.Ws.3 to 6 are the eyewitnesses, who have spoken against the petitioner in their statements recorded under Section 161 of ‘the Cr.P.C’. The wound certificate is yet to be received, and the investigation is still pending as some more witnesses are yet to be examined. Hence, this is not an appropriate stage to grant bail to the petitioner. 5 Dr. YLR, J Crl.P.No.8370 of 2025 Dated 21.08.2025 7. Considering the nature and peculiar circumstances of the case, this Court is not inclined to enlarge the petitioner on bail. Hence, the petition is liable to be dismissed. 8. In the result, the Criminal Petition is dismissed. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 21.08.2025 RSI 6 Dr. YLR, J Crl.P.No.8370 of 2025 Dated 21.08.2025 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.8370 of 2025 Date: 21.08.2025 RSI