IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI MONDAY ,THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 9040 OF 2024 Between: 1. Kaki Uma Prasad, S/o K. Kumar, aged 20 yrs, Occ Painter, R/o. D.No. 19-10-150/B, New Indira Nagar, Near Passport Office, Tirupati Town, Tirupati District. 2. Pallipattu Suneel Kumar, S/o P. Sudhakara, age 23 yrs, R/o. Jagajjeeva Nagar, Nellore Town, SPSR Nellore District. ...Petitioners/Accused No. 2 & 4 AND The State of Andhra Pradesh, rep by its Public Prosecutor, High Court of Andhra Pradesh At Amaravati. ...Respondent/Complainant Petition under Section 480 & 483 of B.N.S.S praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to release the petitioners/accused No. 2 & 4 on bail pending investigation, inquiry and trial in PRC No. 21/2023 on the file of Judicial Magistrate of First Class, Filer which arose out of Cr.No. 221 of 2023 of Filer Urban Police Station, Annamayya District. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Bulla Madhukar, Advocate for the Petitioner and the Assistant Prosecutor on behalf of the Respondent. Public The Court made the following; ORDER APHC010562542024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) B£[i] MONDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 9040/2024 Between: 1.KAKI UMA PRASAD, S/0 K. KUMAR, AGED 20 YRS, OCC PAINTER, R/0. D.NO. 19-10-150/B, NEW INDIRA NAGAR, NEAR PASSPORT OFFICE, TIRUPATI TOWN, TIRUPATI DISTRICT. 2.PALLIPATTU SUNEEL KUMAR,, S/0 P. SUDHAKARA, AGE 23 YRS, R/0. JAGAJJEEVA NAGAR, NELLORE TOWN, SPSR NELLORE DISTRICT. ...PETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH, rep by its Public Prosecutor, High Court of Andhra Pradesh At Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. BULLA MADHUKAR Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR v-, 2 The Court made the following ORDER: This Criminal Petition under Sections 480 & 483 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short ‘B.N.N.S.’), has been filed by the Petitioners/ A.2 and A.4 seeking bail in P.R.C.No.21 of 2023, on the file of Judicial Magistrate of First Class, Piler arising out of the case in Cr.No.221 of 2023 of Piler Police Station. 1. The above said crime was registered against the petitioners/ A.2 and A.4 herein and others for the offence punishable under Sections 302, 109, 120B r/w34 I PC. 2. The prosecution's case, in brief, is that on the morning of 31st August 2023, at around 8:30 AM, Romicherla Aruna, the sister of the deceased Kovvuri Sudakar, was dropping her niece at ZP Girls High School in an auto rickshaw. After dropping the child off, some unidentified individuals approached Sudakar and asked him to hire an auto to the bus stand. Once they were in the vehicle, the assailants injected a mysterious poison into the back of Sudakar’s shoulder using a syringe, then fled the scene. Sudakar was rushed to the Area Hospital in Piler for treatment. The deceased’s wife was informed of the incident, and upon examination, the attending doctor declared Sudakar dead on arrival. The informant, Romicherla Aruna, suspected that Kishore, who was having an extramarital affair with the deceased’s wife, or his associates, might have been behind the murder, possibly to eliminate Sudakar as an obstacle to their relationship. Based on her report at 4.00 p.m,, the SHO of Piler Urban Police Station registered a case in Cr.No.221 of 2023 for the offences punishable under Sections 302 r/w 34 of IPC. After investigation, the charge sheet was filed vide P.R.C.No.21 of 2023 on the file of the learned Judicial Magistrate of First Class, Piler 3. 4. Learned counsel for the petitioners/A.2 and A.4 asserts that with the exception of the petitioners, all other accused were granted bail, and A.3 was I 3 specifically granted bail by the Sessions Court. It is argued that the petitioners' case stands on the same grounds as that of A.3, who was allowed bail by the Sessions Court. However, the copy of the bail order concerning A.3 has not been submitted. 5. Learned Assistant Public Prosecutor contends that after a thorough investigation, the charge sheet has been filed and opposes the grant of bail, citing the petitioners' multiple criminal antecedents as grounds for denial. 6. After considering the submissions and on perusal of the material on record, this Court refrains from expressing any opinion on whether the petitioners' case is on par with that of A.3, who was granted bail. However, this Court is inclined to dispose of the Criminal Petition, granting the petitioners/A.2 and A.4 the liberty to approach the Sessions Court by filing a fresh bail application. In such a case, the Sessions Court is at liberty to dispose of the bail application in accordance with the established parameters for granting bail. 7. Accordingly, this Criminal Petition is disposed of. Miscellaneous applications pending, if any, stand closed. Sd/- M SURYANADHA REDDY DEPUTY REGISTRAR /nscrl //TRUE COPY// OFFICER \ To 1. The Judicial Magistrate of First Class, Piler, Annamayya District 2. The Station House Officer, Piler Urban Police Station, Annamayya District. 3. The Superintendent, Sub-Jail, Piler, Annamayya District ^One CC to Sri. Bulla Madhukar, Advocate [OPUC] 5. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh at Amaravathi [OUT] 6. Three CD Copies Stu vna 9 ’ HIGH COURT DATED:20/01/2025 ORDER U0I109S luajjno " KD2 NVr 6 I t CRLP.No.9040 of 2024 It NsSyi^^QNV I 2 9 JAN 2C2j ^ ^ . Current Section DISPOSING OF THE CRIMINAL PETITION