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2025 DAILYLAW 31142 (AP)

PATURI PREM KUMAR @ LADDU v. The State of Andhra Pradesh

CRLP/8967/2025 · 2025-09-08

Y Lakshmana Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN TENE REiGRE a,®usR.ri, ®F AEVIELSELRA PRAE9ESH TUESDAY, THFh Nm`dlETH DAY OF SEPTE \\ TWO THOUSAND AND TWENTY F-IV'E\ : P§RE`SE_NT: +i-`'::i--I.3- `,-:,r -i-- THE EN®BVI©usffiARELE ESENl ¥J§usS"eE lf. LAKSHMANA RAO El- GRIRE!REAL PETFiE|i®N N®: ffB967 OF 2025 Between : paturi prem KLimar a. LaciclL!9 S/® Srinivasa F?`ao, 34 Years, R/o.Vijayabhas3kar 'Nagar, Namburu Vi]iage Peda.kakamI' ManciaI, Gumtur District. M |P®titioner/Accuseci #\iVIEB The State of Andhra Bra.Q!e§h, 'R®ES<p by its Public Prosecu-tor, High Court of Andhra PradeSin at AmaravaltL' : u.Respondent .,.I.-``+. -~-_. ''_`.,. petitiore Mmd€5r qS. ef,TtjC9ffi3 -``.~' ~4rf[8S a 483 of BNSS praying that in the circumstances sEat€5di im tile m®mO!-aridunm Of grOur!CiS fi!eCi in Support Of the Criminal pet!'tj®n, tile FTigrI GtDll.,lit may be P!eaSed tO enlarge thd Petitioner/accliseci ®n bail in'sriint£' N®. 262 of 2025 c!ated ()3.07,2025 on the file of Pedakakami Pl®Iice StesfiEi®n, P€!diakakami, Ganr§tur Disi:riot. The Petitiom coming ®'m fort ifeiearimg, up®BI Perusing the Petition and the-E memorandum of gr®ur!ds filed !®m slupp®ri Ehereoff and upon hearing the arguments of M/s MARELL£i` BR`,,&15=-SF§A_IS Ac§v®cate for the IPetitioner, and of PuBLIC PR®SErJull-¢3R, fe'r {h`e !Fg`£i3Sxp{3rident, the GoLIrd maCle the following a ORDER: The CrimI'naI Petition has been fl'led under sections 480 and 483 of the BharatI'ya Nagarik Suraksha Sanhita, 2023 (for brevity tthe BNSSJ), seeking to enlarge the petitioner/Accused on bail in Crime No.262 of 2025 of Pedakakani Police Station, Pedakakani, Guntur District, registered against the petitioner/Accused herein for the offence punishable under section 118(1) of the Bharatiya Nyaya Suraksha, 2023 (for brevity fthe BNS'). CASE OF THE PROSECUTION: 2. Material averments stemming from the prosecutI|On are that the mother- in-law of the Chenchaiah (hereinafter referred to as lldeceased'') lodged a complaI'nt On 03.07.2025 stating that the petitioner/Accused beat the deceased with bamboo stick on his hands, legs and head and pushed him into the nearby sl'de canal, as a result, he sustained severe injuries. As the deceased was in an inebriated condition, he did not take treatment on that day and later, he was admitted to Government General Hospital, Guntur. On 04.07.2025 the said Chenchaiah died. CONTENTIONS OF THE COUNSEL FOR THE PETITIONER: i -gH 3. Smt.Marella Radha, learned Counsel for the Petitioner submits that the Petitioner is innocent and has been falsely implicated in the alleged offence, without any cogent evidence linking him to the commission of the crime. lt is contended that the Petitioner is the sole breadwinner of his family and his continuous detention would caus,e undue hardship and prejudice to his 3 dependents. The Petitioner undertakes to abI-de by any condition that this Court may I'mPOSe While granting baI-I to the Petitione+. 4. It is further submitted that the petitioner was incapable of lifting a stick or causing physical harm. Petitioner has a permanent place of residence and there is no likelihood of him absconding or evading the process of law. The Petitioner has cooperated with the investI-gatiOn thus far and assures continued coopel-ation in future proceedings. lt is also urged that the allegations are of such a nature that do not warrant custodial interrogation, and if any condition is imposed while granting the bail, petitI|Oner WOuld not violate it; and it is urged to allow the petition. ARGUMENTS OF THE STATE: 5. Per confra, Ms. P.Akhila Naidu, learned Assistant Public Prosecutor submits that the entire inves{igatI'On iS completed and Charge Sheet has .already been prepared. POINT FOR CONSIDERATION 6. ln the light of the case of the prosecution and the contentions of the learned Counsel for both the sl-des, now the point for consideration is: "Whether the petitioner is entitled for grant of bail?'' ANALYSIS: 7. As seen from the averments of the FiR, the allegation against the PetI'tiOner iS that On 27.06.2025 during night time, the petitioner approached Ttk ?. 4 the deceased (Chenchaiah) in an I-nebriated condition and beat the deceased with a stick, as a result, the deceased got injuries on his hands, legs and head. Later, the petitI-Oner allegedly pushed the deceased in the nearby side canal. Later, the Chenchaiah got up and went to wine shop and slept there. On 29.06.2025, the said Chenchaiah was noticed in unconscious state and he was shifted to hospital in 108 Ambulance. The FIR vyas lodged based upon the report of the mother-in-law of the said Chechaniah on o3.07.2025. A case for the offence punishable under section 118(1) of BNS was registered. The said Chenchaiah died on o4.07.2025. 8. Be that as it may, the petitioner has been in thejudicial custody for the past 60 days. The petitioner was arrested on o7.07.2025. The petitioner has got fixed abode. The petitioner is permanent resident of pedakakani Mandal of Guntur District. CONCLUSION: 9. Considering the nature and gravity of allegation levelled against the Petitioner, his alleged role played in this case, and the period of detention undergone by the petitI-Oner, this Court is inclined to enlarge the petitioner on bail with`the following stringent condl'tI'OnS: i. The petitioner/Accused shall be enlarged on bail subject to he executing a bond for a sum of Rs.20,000/- (Rupees twenty thousand only), with two sureties each for the like sum each to the satisfaction of the VI Additional Junior Civil Judge, Guntur. -fe, 10. Tog DC'D ij. The petitioner/Accused shall appear before the station House officer, pedakakani police Stall-On, Guntur District, on every saturday in between 10.loo am and o5.-00 pm, till cognizance is taken by the learned the Trial Court. iii. The petitI®Oner/Accused shall not leave the limits of the District without prior permission from the station House officer COnCerned. Itv. The petitioner/Accused sha" not commit or indulge I|n COmmjssI-On Of any offence in future. v. The petitioner/Accused shall cooperate with the investigatI-ng Officer in further investigation of the case and shall make themselves available for interrogation by the investigating offI'Cer aS and when requI-red. vl-. The petitioner/Accused shall not, directly or I-ndirectly, make any inducement, threat or promI'Se {O 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. Accordingly, the CrI'mI-naI PetI'tiOn iS allowed. SD/- K.SRINIVASA RAJU FOE. /7fg;nFg#=& !Lji E ffin,a ® pry// ASSISTANT 1. The v§ Add§-ti€9ffila!{ JaLjgfioiS@pe a;vii ,ljl§dige, GunEtlr, GLmtulr District 2, The Suffi63rirBtfr'±rBlr#am6 jr_`"D_+.=`._ 7*1 I 3. The 4. One 5. Two [O UT,i 6. Offie Sffiaff© SGSREgr EGISTP`AR OFFICEP` _ ---ro''_#Lerf, i-'ow'']Cu[ ) \J9q-jlfLull ZJ!S|HCI sL!xpermt€'3mldi®r§€, €¥t,grE+£L§f SS;u!b L!a" at (3dirltur, Guntur DistrI-Ct s{atI-®m frI€"se seffi;d£e,ixp, rffit€l€}BakakarBI i3®!jce sfl$1t!'On, Guntur Dl-strict c:e f® M/§ MAgF¥ELf=i"&_A !i--RA!Dfflj,A, ,Adi'vocate [®pu€,I iees t® F9UBL§G 5r3RSg,§=euT®peu Hi`gh cou!rt o'F Andhra pradesh HIGH COUREfl DR.YLR,J DATED : 09/®9/2®25 BAIL ORBEFE CRLP.N®.89$7 ®g £!®:25 ALLOWED %gr':gl; 10 5EPtm