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2025 DAILYLAW 31907 (AP)

Vasaritha Ramanaiah v. THE STATE OF ANDHRA PRADESH

CRLP/9281/2025 · 2025-09-15

Y Lakshmana Rao

body2025

Judgment text

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4 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE SIXTEENTH DAY OF SEPTEMBER / o 1 Hi; TWO THOUSAND AND TWENTY FIVE t \ :PRESENT: 'S: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9281 OF 2025 Between: 1. Vasantha Ramanaiah, S/o Chinna Pullaiah, Aged 60 years, Farmer 5 Hindu, R/o.Gonepalli Village, Komarole Mandal, Prakasam District. 2. Peddineni Venkateswarlu, S/o Chandraiah Aged 47 years. Farmer, Hindu, R/o.Gonepalli Village, Komarole Mandal, Prakasam District. 3. Peddineni Sekhar, S/o Chandraiah, Aged 50 years. Farmer, Hindu, R/o.Gonepalli Village, Komarole Mandal, Prakasam District. 4. Peddineni Ramesh, S/o Chandraiah, Aged 36 years. Farmer, Hindu R/o.Gonepalli Village, Komarole Mandal Prakasam District. ...Petitioner/Accused AND 1. The State of Andhra Pradesh, Rep. by Public Prosecutor, High Court of AP, Amaravati, Station House Officer, Komarole Police Station. 2. P ChinnaMalaKondaiah, S/o Pedda Kondaiah Aged about 47 years R/o Gonepalli Village, Komarole Mandal, Prakasam District. ...Respondent/Complainant Petition under Section 528 of BNSS/482 of Cr.P.C. is filed praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge the petitioners /At to A4 on bail in the event of their arrest in Crime No. 67 of 2025 of Komarole Police Station of Prakasam District, for the offences under Sec. 189 (3), 191 (3), 115 (2), 109 (1) r/w. 190 of Bharatiya Nyaya Sanhita, 2023 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 GHANTA SRIDHAR Advocate for the Petitioners, and of PUBLIC PROSECUTOR for Respondent No.1, and the Court made the following ORDER: APHC010466342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY,THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9281/2025 Between: 1.VASARITHA RAMANAIAH, S/0 CHINNA PULLAIAH, AGED 60 YEARS, FARMER, HINDU, R/O.GONEPALLI VILLAGE, KOMAROLE MANUAL, PRAKASAM DISTRICT. 2.PEDDINENI VENKATESWARLU, S/0 CHANDRAIAH AGED 47 YEARS. FARMER, HINDU, R/O.GONEPALLI VILLAGE, KOMAROLE MANDAL, PRAKASAM DISTRICT. 3.PEDDINENI SEKHAR, S/0 CHANDRAIAH, AGED 50 YEARS, FARMER, HINDU. R/O.GONEPALLI VILLAGE, KOMAROLE MANDAL, PRAKASAM DISTRICT. 4.PEDDINENI RAMESH, S/0 CHANDRAIAH, AGED 36 YEARS. FARMER, HINDU, R/O.GONEPALLI VILLAGE, KOMAROLE MANDAL PRAKASAM DISTRICT. ...PETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF AP, AMARAVATI. STATION . HOUSE OFFICER, KOMAROLE POLICE STATION 2.P CHINNAMALAKONDAIAH, S/0 PEDDA KONDAIAH AGED ABOUT 47 YEARS R/O GONEPALLI VILLAGE, KOMAROLE MANDAL, PRAKASAM DISTRICT „.RESPONDENT/COMPLAINANT(S): Dr. YLR, J Crl.P.No.9281 of2025 Dated 16.09.2025 Counsel for the Petitioner/accused(S): GHANTA SRIDHAR Counsel for the Respondent/complainant(S): PUBLIC PROSECUTOR The Court made the following: ORDER: The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the petitioners/Accused Nos.1 to 4 for granting of pre-arrest bail in connection with Crime No.67 of 2025 of Komarole Police Station, Prakasam District, registered for the alleged offences punishable under Sections 189 (3), 191 (3), 115 (2) and 109(1) read with 190 of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’) 2. The case of the prosecution is that on 30.07.2025, at about 17:00 hours, in the fields of Gonepalli Village, Komarole Mandal, the complainant, Peddineni Chinna Mala Kondalah, who had purchased certain lands from his relative, Peddineni Lakshmidevi, was attacked due to a grudge held by Al-Vasantha Ramanaiah over the said land transactions. While the complainant was ploughing his land with a tractor. Accused Nos.1 to 11 formed an unlawful assembly, armed with 3 Dr. YLR, J Crl.P.No.9281 of 2025 Dated 16.09.2025 rods, and knives, and assaulted the complainant and his family axes members with intent to kill them, causing multiple injuries. The injured shifted to the Area Hospital, Giddalur, and thereafter to Amulya Nursing Home, Guntur, for better treatment. Based on the complaint, a was case was registered. Sri Ghanta Sridhar, the learned counsel for the petitioners contends that the petitioners are innocent of the alleged offence and have been falsely implicated by the police. It is further submitted that the petitioners are the sole earning members of the family and, they are ready to abide any conditions that may be imposed by this Court, and it is urged to grant pre-arrest bail to the petitioners. 3. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of pre-arrest 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 pre-arrest bail, there is a strong likelihood that they may abscond, thereby hampering the ongoing investigation and evading the process of law. In view of the foregoing submissions, it is urged that the petition be dismissed. 4. Dr. YLR, J Crl.P.No.9281 of2025 Dated 16.09.2025 5. Heard the learned Assistant Public Prosecutor. counsel for the petitioners and the learned Perused the record. 6. As seen from the record, are that Accused Nos.1 and 2 pulled from the tractor, Accused No.4 the allegations against the petitioners the victim/de facto complainant attacked him with an axe, and Accused No.3 assaulted him with an iron rod. In view of the specific allegations levelled against Petitioners/Accused Nos.3 and 4, the discretionary relief of granting pre-arrest bail to them petition against them is dismissed. The wound does not arise. Accordingly, the certificate is pending. Nine (09) witnesses have been examined, out of whom L.Ws.2 3 and 5 are independent eye witnesses to the incident. 7. Insofar as Petitioners/Accused IMos allegations levelled against them in nature than those against Accused aged about 60 ■ 1 and 2 are concerned, the are omnibus and comparatively milder Nos.3 and 4. Petitioner No.1 is years. It is also noted that there i case between the petitioners and the IS a case and counter- de facto complainant, as Crime against the de facto No.66 of 2025 was lodged by Accused No.3 complainant. Dr. YLR, J Crl.P.No.9281 of2025 Dated 16.09.2025 8. Considering the nature and gravity of the allegations levelled against the petitioners/Accused Nos.1 and 2 and their alleged role played in this case, this Court is inclined to grant pre-arrest bail to the petitioners/Accused Nos.1 and 2. 9. In the result, the Criminal Petition is partly allowed with the following conditions; I- In the event of their arrest, the petitioners/Accused Nos.1 and 2 shall be enlarged on bail subject to they executing a personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), each with two sureties for the like sum each to the satisfaction of the police officials; arresting ii. The petitioners/Accused Nos.1 and 2 shall before the Station House Officer concerned week i.e. appear once in a on every Saturday between 10.00 a.m. and 5.00 p.m., till filing of the charge sheet. iii- The petitioners/Accused Nos.1 cooperate with the Investigation Officer and shall make and 2 shall 6 Dr. YLR, J Crl.P.No.9281 of2025 Dated 16.09.2025 themselves available for investigation as and when required; iv. The petitioners/Accused Nos.1 cause any threat, inducement prosecution witnesses- and 2 shall not or promise to the The petitioners/Accused Nos.1 commit or indulge in similar offences in future. V. and 2 shall not Vi. The petitioners/Accused Nos.1 leave the State of A.P., limits without the permission from the Station House Officer and 2 shall not express concerned. SD/- B.PRASAD RAO assistan^r^strar sectTon officer //TRUE COPY// F To, 1. ion House Officer, Kon.aro,e Police Station, PraKasan, District ■ P.Ch,nna Mala Kondaiah, S/o.Pedda Kondaiah Aged about R/o. Gonepaili Village, Komaroie Mandai, Prakasam District, (by RPAD) 3. One CC to SRI. GHANTA SRIDHAR, Advocate [OPUC] 4. WCs to PUBLIC PROSECUTOR, High Court ot Andhra Pradesh. 5. One spare copy 47 years, KN HIGH COURT DR.YLR,J » k DATED: 16/09/2025 ORDER CRLP.No.9281 of 2025 t i ALLOWED i *