VASA SADA SIVA NAGA LINGESWARA RAO v. THE STATE OF ANDHRA PRADESH
CRLP/359/2025 · 2025-01-20
K Sreenivasa Reddy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3505 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3505 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE TWENTIETH DAY OF JANUARY, TWO THOUSAND AND TWENTY FIVE :PRESENT:
THE HONOURABLE SRI JUSTICE K SREENIVASA REDD CRIMINAL PETITION NO: 359 OF 2025 Betwee n : vasa sada siva Naga Lingeswara Rao, s/o Satyanarayan Vasa, Aged 48 years R/o D.No,24-158/1/4, Sh'lp Yard Layout, Simchal nagar,Vepagunta Post, Visakhapatnam-530047 ....Petitioner/Accused No.3 AND The State Of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, At Amaravati, Through Station house Officer, Pendurthi Police Station, Visakhapatnam / ...Respondent/Complainant petition under section 482 of BNSS praying that in the circumstances stated in the grounds filed in support of the Criminal Petit-IOn, the High Court may be pleased to release of the pet'ItiOner /Accused no. 3 on bail in the event of his arrest in connection with crime No.584 of 2024 of Pendurthi Police Station, Visakhapatnam The petition coming on for hearing, upon Perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri NAGENDRA BABU PARAGATl, Advocate for the Petitioner and of Public prosecutor for Respondent, the Court made the following.
ORDER: ~
APHCO10018O42025 E: ELF IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) MONDAY ,THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY IRIMINAL PETITION NO: 359 OF 202± Between : Vasa Sada Siva Naga Lingeswara Rao AND The State OfAndhra Pradesh Counsel for the Petitioner/accused:
1. NAGENDRA BABU PARAGATl [3327] ...PETITIONER/ACCUSED ...RESPONDENT/COMPLAINANT Counsel for the Respondent/complainant:
1.PUBLIC PROSECUTOR The Court made the following: t
ORDER:- The Criminal Petition, under Sectl'on 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [for short,lB.N.S.S'], is filed on behalf of the petitioner/accused No.3 seeking anticipatory bail in crime No.584 of 2024 of PendurthiPolice Station, Visakhapatnam District. 2. A case has been registered against the petitioner/ Accused No.3 and others for the offence punishable under sections109(1) read with 3(5) of Bharatiya Nyaya Sanhitha (for short {BNS). /\
3. Case of the prosecution, in brief, is that brother ofc/e facfo complainant by name D.V.Mahesh is a GPA holder of land an extent of Ac. 14.00 cents from A.S.S.R.Sarma and he informed the c/e facfo complainant to place a banner in the subject land, not to do any construction, as the issue is in court. On ll.12.2024 at about ll.30 hours, the de facfo complainant fixed the banner and at that time, accused Nos. 1 to 3 and others came to the spot and beat the de facfo complaI'nant and his brother-in-law ViZ., K. Prasad with stone and assaulted them with iron rods. As a result, he sustained injuries on his head, shoulder and palm and his brother-Ion-law K. Prasad sustained inJ-urieS tO his palm, left hand, knee, back. Hence, the complaint. 4. Heard. Perused the record. 5. On a perusal of record, it goes to show that there is a property dispute between the petitioner and defacto complainant. ln connection wI'th the Said dispute, a case and counter case has been registered with each other. ln the course of quarrel between the petitioner and the defacto complainant, the petitioner/ accused was also beaten severely. 6. Learned Assistant Public Prosecutor for the State submits that the Wound Certificate would show that the defacto complainant has received simple injuries in the said scuffle. It is further submitted that if the petitioner is allowed to stay in the village, law and order problem will arise. er-- --Ji? 7.
ln view of the fact that it iS a Case and COunter Case, this Court is inclined to grant anticipatory bail to the petitioner/accused herein, however, on the following conditions: a) Accordingly, in the event of his arrest, Petitioner/ Accused No.3 shall be released on bail on executing a personal bond for a Sum Of Rs.10,000f (Rupees ten thousand only), with two sureties for the like sum each to the I satisfaction of the pendurthi Police Station, and also on condition that the petitioner shall make himself available for investigation as and when required and that he shall not cause any threat, inducement or promise tO the prosecution witnesses. b) The petitioner shall appear before the Stat.ion House Officer concerned once in a week i.e., on every Saturday between 10.OO a.m. and 01.00 p.m., till filing of the charge sheet. c) Keeping in view of the fact submitted by learned Assistant Public Prosecutor, the petitioner is directed not to enter into the limits of Vepagunta I Village for a period of two (02) months. 8. Accordingly, the Criminal Petition is allowed. //TRUE COPY// SD/-P.VINOD KUMAR ASSISTANT BEG BAR SECTION OFFICER Tol
1. The Sess'lons Judge, Visakapatnam
2. The Station h6use officer, pendurfhi Police Station, Visakhapatnam
3. One CC to SRl. NAGENDRA BABU PARAGATI Advocate [OPUC]
4. Two CCs to Public Prosecutor, High Court of Andhra Pradesh [OUT]
5. One spare copy
_i
HIGH COURT SRK,J DATED:20/01 /2025 ANTICIPATORY BAIL ORDER CRLP.No.359 of 2025 ALLOWE D FGtAA ¥ g2jii 23!jAN?Wi i_tis:__:AT C± _._uledr-