Kaligatia Subramanya Suneel Kumar@Sunil, v. The State of Andhra Pradesh
CRLP/355/2025 · 2025-01-20
K Sreenivasa Reddy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3506 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3506 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[3327] lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl MONDAY ,THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE I.PRESENT:
THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY''l`\`= CRIMINAL PETITION NO: 355 OF 2025 Betwee n : E= Kaligatia Subramanya Suneel Kumar@Sunil, S/o Kaligatia Manikyam, Aged 34 Years, R/o D.No- 10-16, Durga Nagar, Naiduthota, Visakhapatnam, Andhra Pradesh -530029. Petitioner/Accused-1 AND The State ofAndhra 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 (438 of Cr.P.C.,) praying that in the circumstances stated in the affldavl't filed in support of the criminal petition, the High Court may be pleased to release of the petitioner/Accused No. 1 on bail in the event of his arrest in connection with crime No.584 of 2024 of Pendurfhi Police Station, Visakhapatnam COUNSEL FOR THE PETITIONER : SRI. NAGENDRA BABU PARAGATI COUNSEL FOR THE RESPONDENT : PUBLIC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) I ONDAY ,THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE [3327] PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY !BIMINAL PETITION NO.- 355 OF 2LQ2! Between : Kaligatia Subramanya Suneel Kumar @ SuniI, ...PETITIONER/ACCUSED AND The State OfAndhra Pradesh Counsel for.the petitioner/accused:
1. NAGENDRA BABU PARAGATl ...RESPONDENT/COMPLAINANT Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR The Court made the following: ORDER:- The Criminal Petl'tion, under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [for short,IB.N.S.S'], is filed on behalf of the Petitioner/accused No.1 seeking anticipatory bail in crime No,584of 2024 of Pendurthi Police Station, Visakhapatnam District. 2. A case has been registered against the petitioner/Accused No.1 forthe offence punishable under sections ld9(1) read with 3(5) of Bharatiya Nyaya Sanhitha (for short 'BNS). ed 'so •tr4ZZ22. ®
3. Case of the prosecution, in brief, is that brother of de 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 complainant 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-in-law K. Prasad sustained injuries 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 with the said dispute, a case and counter case has been registered with each other. In 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 I Wound Certificate-would show that the defacto complainant has received simple injuries in the ;aid scuffle. It is further submitted that if the petitioner Its allowed to stay in the village, law and order problem will arise. rii= iiE
7. ln view of the fact that it is a case and counter case, this Court Its I 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.1 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 satisfaction of the Pendurihi 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 t prosecution witnesses. b) The petitioner shall appear before the Station House Officer concerned once in a week i.e., on every Saturday between 10.00 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 Village for a period of two (02) months. 8. Accordingly, the Criminal Petition is allowed. //TRUE COPY// SD/-P.VINOD KUMAR ASSISTANT REGISTRAR /,, `` ll\l... SECTION OFFICER I Tol
1. The Station house Officer, Pendurthi Police Station, Visakhapatnam. 2. One CC to SRl. NAGENDRA BABU PARAGATI Advocate [OPUC]
3. Two CCs to PUBLIC PROSECUTOR, High Court ofA.P[OUT]
4. One spare copy
HIGH COURT SRK,J DATED:20/01/2025 BAIL ORDER CRLP.No.355 of 2025 ALLOWED 23,jIIN2025 _#