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2025 DAILYLAW 30762 (AP)

Cheemparthi Fakruddin alias Simpathi Fakruddin v. The State of Andhra Pradesh

CRLP/8874/2025 · 2025-09-07

Y Lakshmana Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl MONDAY, THE EIGHTH DAY OF SEPTEMBE^^^g^^ TWO THOUSAND AND TWENTY FIVE li : PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA CRIMINAL PETITION NO: 8874 OF 2025 Between: 1. Cheemparthi Fakruddin @ Simpathi Fakruddin, S/o Fakruvalli, Aged about 35 years, Occ: Business, R/o Khaderpalli Village, Chapadu Mandal, YSR Kadapa District. 2. Chimparthi @ Simpathi Mahaboob Peer @ Mabhu Peer, S/o Mahaboob Basha, Aged about 25 years, Occ; Business, R/o Khaderpalli Village, Chapadu Mandal, YSR Kadapa District. ...Petitioner/Accused No. 1 & 2 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh. ...Respondent/defacto Complainant Petition under Section 480 & 483 of BNSS, is filed praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioner/Accused No.1 and 2 by granting regular bail in Crime No. 72 of 2025, on the file of Chapadu Police Station, YSR Kadapa District. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri Ramalakshmana Reddy Sanepalli, Advocate for the Petitioners and of Public Prosecutor for Respondent, the Court made the following 2 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 and 2 on bail in crime No. 72 of 2025 of Chapadu Police Station, YSR Kadapa District, registered for the offences punishable under Sections 109 (1) and 132 read with Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023, and Section 3 (1) of P.D.P.P. Act, 1984. Case of the prosecution is that on 17-04-2025 at about 5 p.m. Penna River, Thippireddipalli Village, Chapadu Mandal, accused No. 1, being the driver of car bearing registration No. DLICM 4129, along with accused Nos. 2 and 3 committed theft of gold in Podili of Prakasam District and 2. near escaped with the booty. While accused Nos. 1 to 3 were proceeding via Mydukur to Proddatur Road, on information, the Inspector of Police, Proddatur Rural Police Station, along with his staff tried to catch hold them. On noticing the police, accused Nos. 1 to 3 turned their car towards Mydukur side. When the police started chasing, accused Nos. 1 to 3 went into the way of Penna River, near Thippireddipalli Village, and raised cries to kill the complainant and the police. Then, accused No. 1 drove his Swift Car and attempted to kill the complainant, as a result of which the front side of the police vehicle got damaged. Sri S.Rama Lakshmana Reddy, 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 3. 3 and they are ready to abide by any conditions imposed by this Court. He therefore urged to enlarge the petitioners on bail. Per contra, Ms. P.Akhila Naidu, learned Assistant Public Prosecutor, 4. vehemently opposed the grant of bail to the petitioners, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the petitioners are released on bail at this stage, there is strong likelihood that they may abscond, thereby hampering the ongoing investigation and evading the process of law. foregoing, it is urged that the petition be dismissed. In view of the Heard learned counsel for the petitioners and learned Assistant Public 5. Prosecutor. Perused the record. 6. As seen from the record, the allegation against the petitioners-accused Nos. 1 and 2 is that while they were trying to skulk away from the commission of theft of gold ornaments, the police tried to nab them and in that milieu, their vehicle dashed against the police vehicle. Prosecutor submits that there are 81 adverse antecedents reported against the petitioner-accused No. 1. Learned Assistant Public Considering the gravity and the nature of the allegations levelled against the petitioner-accused No. 1, this Court is not inclined to grant bail to him at this juncture. Hence, the petition against the petitioner-accused No. 1 7. is dismissed. 4 8. The petitioner-accused No, 2 is son of accused No. 3. Accused No. 3 i wife of accused No. 1. In view of the nature of the allegations levelled the petitioner-accused No. 2 and the period of detention IS against undergone by him for the past 61 days in judicial custody from 10-07-2025 onwards, this Court i inclined to IS enlarge him on bail with the following conditions; (i) The petitioner-accused No. 2 shall be enlarged on bail subject to his executing a bond for a thousand only) with two sureties for the like satisfaction of learned Judicial I Class Magistrate YSR Kadapa District; sum of Rs.20,000/- (Rupees twenty sum each to the Mydukuru, (ii) The petitioner-accused No. 2 shall appear before the Station House Officer concerned on every Saturday in between 10 a.m. and 5 p.m. till cognizance is taken by learned trial Court; (iii) The petitioner-accused No. 2 shall not leave the limits district without prior permission from the investigating officer until the charge sheet is filed; of the (iv) The petitioner-accused No. 2 shall commission of any offence in future; not commit or indulge in (V) The petitioner-accused No. 2 shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the investigating officer as and when required; and 5 (vi) The petitioner-accused No. 2 shall not, directly 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. The criminal petition is accordingly partly allowed. 9. SDI- G.HELANAIDU ASSISTAN^N^f^^lSTRAR SECTION OFFICER //TRUE COPY// To, 1. The Judicial First Class Magistrate, Mydukuur, YSR Kadapa District. 2. The Superintendent, Kadapa Central Jail, Kadapa. 3. The Station House Officer, Chapadu Police Station District. 4. One CC to Sri Ramalakshmana Reddy Sanepalli, Advocate [OPUC] 5. Two CCs to PUBLIC Amaravati.[OUT] 6. One spare copy. YSR Kadapa PROSECUTOR, High Court of A.P. PSD / ■ ■. HIGH COURT P,R.YLR,J DATE:08/09/2025 BAIL ORDER CRLP.No.8874 of 2025 PARTLY ALLOWED