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High Court of Andhra Pradesh · body

2025 DAILYLAW 33480 (AP)

Yellipeta Nagaraju Reddy v. The State of Andhra Pradesh,

CRLP/8081/2024 · 2025-01-30

B S Bhanumathi

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

THURSDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE :PRESENT.I THE HONOURABLE MS JUSTICE B S BHANUMATHI CRIMINAL PE'TITION NO: 8081 OF 2024 6#*=,=Eiife**`rfe¥=5```-``+ - .=:ftI-.==.==-`. xpgiv J Between.I Yelljpeta Nagaraju Reddy, S/o. Late Narasimha Reddy, Aged about 64 years, Ktitpi, Ananathapur, Ananathapur District ...Petitioner/Accuseci AND The State of Andhra Pradesh, Through SHO Hindupur Rural Police StatI'On, Hindupur city srI-Sathya Sal- Djstrl'ct, Rep, by Public Prosecutor, High Court of Andhra Pradesh at Amaravathi Gulhtu-r District. ..Respondent Petition under sectI'On 482 of BNSS, praying that in the circumstances stated in the memorandum of grounds filed in support of the criminal Petition,I the High Court may be pleased to grant anticipatory baI-I tO him in the event of his arrest in crime No: 181 / 2022 U/s.307 of lPC on the file of HindupuF Rural Police, Hindupur city station, sri sathya sal' Distrl'ct The Petition coming on-'fot hearing, upon perusing the pet,-tI'On and the| f memorandum of grounds flled 'in Support thereof and upon hearing the arguments of DR G V RAVI Advocate for the petitioner, and of PUBLIC-t PROSECUTOR, for the Respondent, the court made the following A. CrI.P.No.8081 of 2024 ORDER: This criminal petition is filed u'nder section 438 CrPC seeking anticipatory bail to the petitioner in the event of her arrest in crime No.181 of 2022 of Hindupur Rural Police Station, registered for the offence under Section 307 lPC. 02. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor representing the respondent/state. 03. The case of the prosecution is that the de facfo complainant gave a complaint to the effect that on 24.07.2022 at about 8 PM, at ChanthalapaIIi, Karnataka State border, the petitioner/accused drove his car and hit one Vijayabhaskar Reddy, who is the owner of the bar, and by the time, the c/e facfo complainant came out, the accused went away. Thereafter, on questioning, the petitioner/accused attacked the complainant with a sickle on the head and right leg of the c/e facfo complainant. Thereafter, the injured was shifted in '108' vehicle to Government Hospital, Hindupur, and took treatment. 04. The learned counsel for the petitioner submitted that the injuries suffered by the victim are simple in nature and a false case was fl'led under Section 307 IPC. He further submitted that in spite of lapse of more than two years time, the charge sheet has not been filed. He further submitted that, the petitioner's left leg was amputated below knee, as he suffered gangrene after investigation. 05. The learned Assistant Public Prosecutor placed on record, the instructions of Inspector of Police, Hindupur Rural UPS, Sri Sathya Sai District, Puttaparthi, dated 30.12.2024, opposing petition and stating that the petitioner is a high handed person and involved in sand theft ___A___ 65€ CrI.P.No.8O8 cases registered in Hjndupur Rural UPS. He further submitted that the PetitI'Oner may Cause nuisance and much annoyance to public peace and tranquillity in the area. He further submI-tted that since the earlier PetI'tiOn Was diSmI-SSed On merits, there is no reason to entertain the second petl-lion as there is no change of circumstances. lt is also submitted by him that the petitioner may threaten the witnesses, in case of grant of antl®cipatory bail, as he is not a law abiding citizen. He further stated that charge sheet could not be filed as the whereabours of the petl'tioner/accused are not known. 06. In reply, the learned counsel for the petitioner submitted that the Petl'tiOner iS now residing in Banglore with his daughter due to amputation and that all the allegations against the petitioner are false. He further subml'tted that due to change of his health condition due to amputation in May/June 2024 i.e., after the disposal of the earlier Petition On 27.03.2023, the petitioner deserves an antjcipatory bail. 07. As per the representation made on behalf of the respondents, except the arrest of the petitioner due to change of physical condition of the petitl-oner after disposal of the earlier petition, maJ-Or Part Of the investigation I-s also completed, the petitioner can be granted anticipatory bail though earlier a similar petitl-on was dismissed. 08. In result, the criminal petition is allowed. The petI'tiOner Shall be released, in the event of her arrest in crime No.181 of 2022 of Hindupur Rural PoII'Ce Station, registered for the offence under sectl-on 307 IPC, on hI'S furnishing Personal bond for Rs.25,000/-with two sureties for the like amount each, to the satisfaction of the station House Offl-cer, Hindupur Rural Poll'ce Station, Hl'ndupur City, SrI-Sathya Sai District on the foIIowI'ng COnditjOnS.I • tsQ- ______in_-------_-- I- CrI.P.No.8081 of 2O24 (i) The petitioner sha" be available for investigation as and when required by the Investigating offI-Cer; (ii) The petI'tI'Oner Shall not leave the jurisdiction of the concerned police Station without the prevl-ous permI'SSl'On Of the S.H.O. concerned; (iI'I') The petitioner/accused is dI'reCted tO appear before the Station House Officer, Hindupur Rural Police Stall-On, Hindupur city, sri sathya sai DI-Strict On first Sunday of every month between 10 AM and 2 PM until further orders or till charge sheet is filed whI-CheVer iS earlier; (iv) The petI-tI®Oner sha" not, directly or indirectly, make any inducement, threat or proml-se to any person acquainted with the facts of the case so as to dissuade him from disclosI'ng Such facts to the Court or to any lnvestigatl'ng or police officer. Pending miscellaneous applicatl'ons, if any, shall stand closed. llTF`UE COPYll •To, -____-__----------.-t}I IL. _ ` -I \I ASSISTANT BEG SD/-N.NAGAMMA tI--a-_ _ lS TFtAR I_/ SECTIO 1. The station House offI'Cer, Hindupur Rural Poll'ce Station, srj sathya Sai Dl®strjct 2. One CC to DR G V RAVI Advocate [opuc] 3. Two CCs to PUBLIC PROSECUTOR, High court of Andhra pradesh [OUT] 4. One spare copy bsR E= I. l® 5 Fab \Th\5 (r. iEt L 4`_i 3P?!`. '. (-1,A ,I. ife Sgrft RTFTSRESfty£ffi he HIGH COURT BSB,J DATED:30/01 /2025 ANTICIPATORY BAIL ORDER CRLP.No.8081 of 2024 ALLOWED