Usa alias Voocha Venkata Rao v. The State of Andhra Pradesh
CRLP/8820/2025 · 2025-09-07
Y Lakshmana Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 30624 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 30624 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
!N THE HIGH COURT OF ANDHRA PRADESH AT AMARAV MONDAY ,THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE :PRESENT.- THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO I CRIMINAL PETITION NO: 8820 OF 2025 Between :
1. Usa @ Voocha venkata Rao, s/o Venkata Swami aged 39 years, r/o Peddabbipuram village, A.S. Peta Mandal, SPSR Nellore District.
2. Usa @ Voocha Venkata Swami, s/o Venkataiah, aged 65 years. r/o Peddabbipuram village, A.S. Peta Mandal, SPSR NeIIore District.
3. Usa @ Voocha Chinna Venkateswarlu, s/o Late Papaiah, aged about 50 years r/o peddabbipuram village, A.S. Peta Mandal, SPSR Nellore District Petitioners/Accused No. 1 to 3 AND The State ofAndhra Pradesh, through s.H.O., A.S. Peta Police Stall-On, SPSR Nellore DI'StriC{, rep. by Public Prosecutor, High Court, Amaravathi Respondent/Complainant Petition under sections 437 and 439 of Cr.P.C(New Sections 480 and 483 of Bharatiya Nagarik Suraksha sanhjta,2023), is fl-led praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal petl'tion, the High Court may be pleased to enlarge the petitI-OnerS herein on bail in connection wl'th F'R No. 79 of 2025 of A.S.Peta P.S., SPSR Nellore District. The petition coming on for hearing, upon perusing the petition and the memorandum of grounds filed in support thereof and upon hearing the
arguments of Sri G VENKATESWARLU, Advocate for the petitioner and of PUBLIC PROSECUTOR for Respondent, the court made the following
ORDER
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ORDER: This criminal petition has been filed+under sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to enlarge the petitioners- accused Nos. 1 to 3 on bail in crI'me No. 79 of 2025 c;f A.S.Pet Police Station, SPSR Nellore District, registered for I.he offences Punishable under Sections 329 (3), 324 (4),109 (1), 74 and 308 (2) read with Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023. 2. Case of the prosecution is that on 25-07-2025 at about 8.30 a.m. in Peddabbipuram Village fields of A.S.Pet MandaI, the accused criminally trespassed into the land of de fac{o complainant and ploughed the land to create pathway with JOB. When de facto complainant and her brother-in-law tried to stop the work, accused Nos. 1 to 5, who were waiting with sticks and Weapons, attacked them With intention tO kill. The accused tore the jacket of de facto complainan{ -and accused No. 5 grabbed her talibottu. Accused No.1 grabbed the phone of brother-in-law of de facto complainant while he was recording video. when de` facto complainant raised cries, the accused fled away on seeing the surrounding people. 3. Sri G.Venkateswarlu, learned counsel for the petitioners, submits that the petitioners have not committed any offence and they are falsely implicated in this case; they are the sole breadwinners of their families and they are ready to abide by any conditions imposed by this court. He therefore urged to enlarge the petitioners on bail. -
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4. I Per cot,fra, Ms. P.Akhila NaidlJ, i,earned Assistant Public Prosecutor, vehemently opposed the grant of bail {o the petitioners, submitting 'that the investigation is still underway and several material witnesses `remain td` be examined. lt is contended that if the pe{jt,ioners are released,on bail a`t this stage, there is strong likelihood that they may abscond, thereby ham-pering the ongoing+ investigation and evading the process of law. I'lnJ view! Of:-th'e ',`- foregoing, it is urged that the petition be dismissed. 5. Heard learnec] counsel for the petitioners and leamed,Assistant Pu'blic ` Prosecutor. Perused the record. 6, As seen from the record, the allegation against the petitioner-accused No. 1 is that wheh the petitioner-accused No. 1 tried to .hack de,--facto complainan{ with a knife on her neck, she warded off the blow-with her right hand and it caused an injury to her right hand.
Again when the petitioner- accused No. 1 I;ied {o attack de facto complainant on her neck, even then a-lso she warded off the blow with her left hand and she suffered bleeding injury to her left hand. The allegation against the petitioner-`accused`No.: 2 is , that he tried to hack de facto complainant and one sa.i~-on their necks. I However, Sai escapecl from that blow and while doing so, it cau'sed injury~{o his right hand. Accused No.1 tried {o hack Sai with a knife''-'on` his nec`k`and-- when he tried to escape from the blow, it caused an injury to his left hand. - The allegation against the petitioner-accused No. 3 is that he tried to attack de facto comp!ainant and other witnesses with sticks. *+? vi
try_q±gr+|ri-+=T± I. JV_i--+ nlll. 7. - Considering the gravity and the nature of the allegations levelled against the petitioner-accused No.1,`{his Court is not inclined to grant bail to him at this juncture. Hence, the petition against the petitioner-accused No. 1 is dismissed. 8. Wound certificates have been received, wherein it was disclosed that L.W.1 suffered grievous injury and L.W.2 suffered simple injury. So far, five witnesses have been examined. The petitioners-accused Nos. 2 and 3 have been in judicial custody for the past 46 days. In view. of the gravity of the allegations levelled against the petitioners-accused Nos. 2 and 3, this Court is inclined to enlarge them on bail with the following conditions: (i) The petitioners-accused Nos. 2 and 3 shall be enlarged on bail subject to their executing each a. bond for a sum of Rs.20,000/- (Rupees twenty thousand only) with two sureties for the like sum each {o the satisfaction of learnec! Judicial Magistrate of I Class, Atmakur; (ii) The petitioners-accused Nos. 2 and 3 shall appear before the Station House Officer concerned on every Saturday in' between 10 a.m. and 5 b.m. {iil cognizance is taken by learned trial Court; (iii) The petitioners-accused Nos.
2 and 3 shall not leave the limits of the district without prior permission from the investigating officer until the charge sheet is filed; _--_ i •J \` J
(iv) The petitioners-accused, Nos. 2 and 3 shall not commit or indulge i in commission of any offence in future; (v) The petitioners-accused Nos. 2 and 3 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,-and (vi) The petitioners-accused Nos. 2 and 3 shall not, directly or indirectly, make any I-nducement, 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. The criminal petition is accordingly partly allowed. SD/-K. SRINIVASA RAJU ASSiStAN'T REG~!STRAR //TRUE COPY// To, SECTIO k c._i i iCER
1. The Judicial First class Magistrate, Atmakur. 2. The Superintendent, sub-Jail, Atmakur, SPSR Nellore District. 3. The S.H.O., A.S. Peta Police Stalin, SPSR Nellore D,-strict. 4. One CC to SRI. G VENKATESWARLU Advocate [OPUC]
5. Two CCs to the puBLiC PROSECUTOR, High Court ofA.P [OPUC]
6. One spare copy psk {-day 3-irZ4
HIGH COURT DR.YLR,J DATED:08/09/2025 BAIL ORDER CRLP.No.8820 of 2025 ALLOWED _ __---