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2025 DAILYLAW 35664 (AP)

MUNASWAMY NAIDU v. THE STATE OF ANDHRA PRADESH

CRLA/832/2024 · 2025-01-23

Venkata Jyothirmai Pratapa

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THURSDAY ,THE TWENTY THIRD DAY OF JA TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL APPEAL NO: 832 OF 2024 Between: Munaswamy Naidu, S/o. Late Narayanaswamy, Aged 88 years, R/o. Diguvamodalapalle, Thavanampalle Mandal, Chittoor District. ...Petitioner/Accused No.2 AND The State of Andhra Pradesh, rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. ...Respondent/Complainant Appeal under Section 374(2) of Cr.P.C against the order dt.10.12.2024 passed in Crl.M.P.No.1990 of 2024 on the file of I Additional District and Sessions Judge, Chittoor District at Chittoor, which arose out of Cr.No.122/2024 of Thavanampalle Police Station, Chittoor District. Counsel for the Appellant: SRI D. PURNACHANDRA REDDY Counsel for the Respondent: SRI K. SANDEEP, ASSISTANT PUBLIC PROSECUTOR The Court made the following: \ APHC010573272024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY ,THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL APPEAL No, 832 of 2024 Between: Munaswamy Naidu ...APELLANT AND The State Of Andhra Pradesh Counsel for the Apellant: 1.D PURNACHANDRA REDDY Counsel for the Respodent: 1. PUBLIC PROSECUTOR Counsel for the Petitioner/accused(S): ...RESPODENT 1.KUNUKU RAJASEKHAR Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: JUDGMENT: The instant Criminal Appeal has been filed aggrieved by the Order dated 10.12.2024 passed in Crl.M.P.No.1990 of 2024 on the file of the Court of I Additional District and Sessions Judge, Chittoor, arising out of Crime No. 122 of 2024 of Thavanampalli Police Station. 2. Heard Sri D.Purna Chandra Reddy, learned counsel for the Appellant and Sri K.Sandeep, learned Assistant Public Prosecutor appearing for the respondent/ State. 3. Learned counsel for the Appellant would submit that the Appellant herein is A.2 in the above crime and that nothing has been specifically alleged against him attracting the offences lodges against him. Learned counsel would 2 submit that there are civil disputes pending between the parties. Further, A.1 in this Crime has already been released on regular bail. Learned counsel would submit that the Appellant/A.2 is an old man of 88 years and he was falsely implicated in this crime. Further, investigation is completed and that the Appellant/A.2 is ready and willing to furnish the sureties to the satisfaction of the Court and prays to grant anticipatory bail to the Appellant/A.2. 4. Learned Assistant Public Prosecutor would submit that there are specific allegations against the Appellant/A.2 that he beat the son of the de facto Complainant with a boulder on his head resulting bleeding injury on his head and prays for dismissal of the Criminal Appeal. 5. Considering the submissions made and on a perusal of the material on record, as rightly put by learned Assistant Public Prosecutor that there are specific allegations/overtacts attributed against the Appellant/A.2. Flence, it is not a fit case to grant anticipatory bail to the Appellant/A.2. 6. Accordingly, the Criminal Appeal is dismissed. However, considering the request, Appellant/A.2 is at liberty to surrender before the learned I Additional District and Sessions Judge, Chittoor and move a regular bail application and on filing such application, the Learned Sessions Judge shall dispose of the same preferably on the same day according to law, keeping in mind the age of the Appellant/A.2 and release of A.1 on regular bail. Pending applications, if any, shall stands closed. Sd/- S.V.S.R.MURTHY JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The I Additional District and Sessions Judge, Chittoor District. 2. The Station House Officer, Thavanampalle Police Station District. Chittoor 3. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh at Amaravathi [OUT] 4. One CC to Sri D Purnachandra Reddy, Advocate [OPUC] 5. Three CD Copies SD sree HIGH COURT DATED:23/01/2025 JUDGMENT CRLA.No.832 of 2024 0 5 FEB m ilg . Current Section . ^ i^SPATCVA^:^^ DISMISSING THE CRIMINAL APPEAL