MR KURACHA VENKATESWARA RAO v. THE STATE OF ANDHRA PRADESH
CRLP/9270/2024 · 2025-01-06
K Sreenivasa Reddy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 35808 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35808 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
i,ZZA I MONDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE :PRESENT:
THE HONOURABLE SRI JUSTICE K SREENIVASA RED CRIMINAL PETITION NO: 9270 OF 2024 Between :
IN THE HIGH COURTOF ANDHRA PRADESH AT AMARAVATI I 3327 I | a -| I- \ _ _ __ _ Mr. Kuracha Venkateswara Rao, S/o. Srinl'vas, Aged about: 27 Years, R/o. H No. 7-176, Vankayapalem, Near Hanuman Temple, vissakoderu, palakoderu MandaI, West GodavarI- District, Andhra Pradesh. Petitioner/Accused AND The State of Andhra pradesh, Through the station House OffI'Cer, palakoderu police station, Rep. by its public Prosecutor High Court of Andhra Pradesh at Amaravati. Respondent/complainant petition under sections 482 of BNSS (old 438 of Cr.P.C), prayI'ng that l'n the circumstances stated in the affidavit filed in support of the criminal petition, the HI'gh Court may be pleased to enlarge the petitioner on ba" in the event of his arrest by the station House officer, palakoderu police station in connection with Crime No. 220 of 2024. The petition coming on for hearing, upon perusing the petition and the grounds fl'led I'n Support thereof and upon hearing the arguments of srj PRUDVI RAJU MUDUNURl, Advocate for the petitioner and of PUBLIC PROSECUTOR for the Respondent and the court made the following; `l
THE HON'BLE SRI JUSTICE K| SREENIVASA REDDY CRIMINAL PETITION NOl9270 OF 2024 ORDER:- The Criminal Petition, under Section 482 of the BNSS, is filed on behalf of the petitioner herein to grant anticipatory bail in connection with Crime No.220 of 2024 of Palakoderu Police Station, West Godavari District, registered for the offences punishable under Sections 115(2), 118(1) and 351(2). Thereafter, the police added Sections 118(2) and 324(4) of the BNS. 2. Brief facts of the case are that on 26.08.2024, the defacto complainant filed a report before the police stating that he is working as a recovery agent in Bhimavaram Lakshmi Finanace. The defacto complainant and others went to the accused for recovering the pending bike installments where the accused beat the defacto complainant and two others with sticks and stones and thereby caused injuries to them and threatened them with dire consequences. 3. Heard. Perused the record. 4.
A perusal of the material on record goes to show that the mother of the petitioner here|ln filed a complaint as aga-lnst the I-GFJ-st;-`
defacto complainant and another alleging that they went to the house of the petitioner herein on Dussehra Festival and insisted for Payment of money. In connection with that, an altercation is saI'd to have taken place, whereI'n the defaCtO COmPIainant and others abused the petitioner and his mother and beat them. Thereafter, the petitioner and hI'S mother Were admitted in Government Hospl-taI. The saI'd aspects have not brought tO the notice Of the Present complainant filed by the defacto complainant. The Petitioner herein was allegedly beat the defacto complainant and others and resulting which, the defacto complainant receI'Ved grievous injuries. Itis a case and counter case. 5- A plal-n reading of the aforesaid facts and circumstances, there is any amount of ambiguity whether an offence under section 118(2) of BNS wouI`d attract to the present facts and c,-rcumstances of the case or not. 6, In view of the aforesaid facts and cl-rcumstances of the case, this Court is inclined to consider request of petitioner for grant of ant.icipatory bail. 7- Accordingly, in the event of his arrest in the above crime, the Petitioner herein shall be released on bail on his executing a
Personal bond for a Sum Of Rs.10,000/-(Rupees ten thousand only) with two sureties each for the like sum to the satisfaction of the arresting police officials 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. The petitioner shall appear before the Station House Officer concerned once in a week i.e. on every Sunday between 10.00 A.M. and 01.00 P.M., till filing of charge sheet. 8. Accordingly, the Criminal Petition is allowed.
SD/- M.SRJNIVAS ASSISTANT REGlsTRAR /f if,•be-_ b rfe&j //TRUE COPY// iff. sECTioiv oFFlcER F__ To, 1 ) The I Additional Judicial Magistrate of First Class, Bhimavaram. 2) The Ill Addit'lonal District and Sessions Judge:: Bhimavaram 3) The Station House Officer, Palakoderu Police Station 4) One CC to SRl. PRUDVI RAJU MUDUNURI Advocate [OPUC] 5) Two CCs to Public Prosecutor, High Court ofAP [OUT] 6) One spare copy KJ I I / j? HIGH COURT SRK,J DATED :06/01 /2025 BAIL ORDER CRLP.No.9270`of 2024 ALLOWED