APHC010443502025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] THURSDAY, THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL APPEAL NO: 576/2025 Between: 1. CHUNDU NARISI REDDY @ NARSI REDDY, S/O.NARASIMHA REDDY, AGED 50 YEARS. CASTE- REDDY, R/O. VADADMADU VILLAGE, THULLURU MANDAL, GUNTUR DISTRICT. 2. CHUNDU VENKATA REDDY, S/O. NARISI REDDY, AGED 29 YEARS, CASTE-REDDY, R/O. VADDAMANU VILLAGE, THULLURU MANDAL, GUNTUR DISTRICT. ...APELLANT(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI. 2. MURIKIPUDI MAREYAMMA, W/O GOPAL R/O KOTHAREDDYPALEM VILLAGE, CHEBROLU MANDAL, GUNTUR DISTRICT. ...RESPODENT(S): Appeal under Section 372/374(2)/378(4) of Cr.P.C praying that the High Court may be pleased to may be pleased to release the petitioners A2 and A3 in Crime. No: 134 of 2025 of Thulium 2 Police Station on bail by setting aside the Order dated 18.08.2025 in Crl. M. P No: 1305 of 2025 on the file Special judge for trail of cases under Scheduled castes & Scheduled tribes ( Prevention of Atrocities) Act 1989 cum IV Additional Sessions Judge, Guntur and pass such IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Counsel for the Appellant(S): 1. S DUSHYANTH REDDY Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI CRIMINAL APPEAL NO: 576 of 2025 The Court made the following Judgment: Heard Sri S.Dushyanth Reddy, learned counsel for the appellants/A2 & A3 and learned Additional Public Prosecutor representing the State. 2. Learned Additional Public Prosecutor would submit that the complainant was informed as required under Section 15A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. 3. None appeared for the complainant opposing the present Appeal. 4. Sri S.Dushyanth Reddy, learned counsel for the appellants/A2 & A3 would submit that admittedly, the allegations made against the appellants/A2 & A3 is that they assisted A1 in removal of the evidence and therefore, charged for the offence under Section 201 read with 34 IPC alone, but no charge was made against the appellants/A2 & A3 under Section 302 IPC and Section 3(2)(va) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. But the learned trial Court 4 erred in dismissing the application, as if the appellants/A2 & A3 are also liable for the offence under Section 302 IPC. 5. Learned Additional Public Prosecutor representing the State opposed the present Appeal on the ground that the investigation is not yet concluded. 6. Considering the facts and circumstances of the case and as the offence alleged against the appellants herein/A2 & A3 is punishable with an imprisonment of seven (07) years only, the order dated 18.08.2025 in Crl.M.P.No.1305 of 2025 on the file of the learned Special Judge for Trial of Cases under Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989- cum-IV Additional Sessions Judge, Guntur is hereby set aside, in respect of the appellants/A2 & A3 alone, subject to the following terms and conditions: i) The appellants/A2 & A3 shall be enlarged on bail, on executing a personal bond for Rs.20,000/- (Rupees Twenty Thousand only) each, with two (02) sureties for a like sum each, to the satisfaction of the learned Special Judge for Trial of Cases under Scheduled Caste and Scheduled Tribe 5 (Prevention of Atrocities) Act, 1989-cum-IV Additional Sessions Judge, Guntur. ii) On release, the appellants/A2 & A3 shall appear before the concerned Station House Officer, on every fourth Saturday of the month, for a period of two (02) months or till the date of filing of charge sheet, whichever is earlier. iii) The appellants/A2 & A3 shall not leave the country without permission of the learned Special Judge for Trial of Cases under Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989-cum-IV Additional Sessions Judge, Guntur. iv) The appellants/A2 & A3 shall not involve in any similar offences in future in any manner. v) The appellants/A2 & A3 shall cooperate with the investigation, whenever necessary on the notice issued by the concerned Station House Officer. vi) If the appellants/A2 & A3 violates any of the above conditions, the prosecution is at liberty to file an application seeking cancellation of the bail. 6 7. Accordingly, the Criminal Appeal is allowed. As a sequel, interlocutory applications, if any, pending shall stand closed. ______________________________ JUSTICE B.V.L.N. CHAKRAVARTHI Dated: 04.09.2025 Note: Issue C.C. today ie., 04.09.2025 B/o. PSA 7 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI CRIMINAL APPEAL NO: 576 of 2025 Date: 04.09.2025 Dated: 04.09.2025 Note: Issue C.C. today ie., 04.09.2025 B/o. PSA