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High Court of Andhra Pradesh · body

2025 DAILYLAW 36358 (AP)

K SIVA KRISHNA REDDY v. THE STATE OF ANDHRA PRADESH

CRLP/9598/2024 · 2025-01-23

K Sreenivasa Reddy

body2025

Judgment text

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D--, _ _` ``~ lN THE HIGH COURT-OF ANDHRA PRADESH AT AMARAV J9 THURSDAY, THE TWENTY THIRD DAY OF JANUARY ll^/O THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 9598 OF 2024 Between : 1. K.Siva Krishna Reddy, S/o Veeranjaneya Reddy Aged about 36 years, Occ Business R/o Nehru Nagar, Meherla Town Palnadu District. 2. Devireddy Srinivasa Reddy, S/o C. Venkata Reddy Aged about 38 years, Occ Busniess R/o Devireddy Bazar, Veldurfhi Mandal Sirigiripadu, Palnadu District. 3. Julakanti Sambireddy, s/o J. Veeera Reddy Aged about 23 years, Occ Student R/o State Bank Street, Macherla Palnadu District. 4. Bommireddy Sai Sundar Rami Reddy, S/o Ramakrishna Reddy Aged about 23 years, Occ Student R/o Macherla Town, Palnadu District. 5. Udumula Lingareddy, S/o Udumula Ramireddy Aged about 46 years, Occ Business R/o Nehuru Nagar, Macherla Town Palnadu District. 6. Annapureddy Ranadheer Reddy, S/o A. Anji Reddy Aged about 31 years, Occ Business R/o 15-2-2/82, Chenekesava Colony, Macherla Palnadu District. 7. Mettu Ramakrishna Reddy, S/o M. Anji Reddy Aged about 46 years, Occ Busniess R/o Nehuru Nagar, Macherla Town Palnadu District. 8. Turaka Siva Venkata Sai, S/o T. Nageswara Rao Aged about 23 years, Occ Business R/o 13-2-346, Macherla Town Palnadu District. 9. Pola Srinivasa Rao, S/o Peraiah Aged about 51 years, Occ Business R/o 13-124, Macherla Town Palnadu District. 10. Gatla Hari Nadh Reddy, S/o Venkateswara Reddy Aged about 28 years, Occ Business R/o Nehru Nagar, Macherla Town Palnadu District. ...Petitioner/Accused AND The State of Andhra Pradesh, Rep. by its Public Prosecutor High Court of Andhra Pradesh. . . .Respondent/Defacto Complainant petition under section 482 of BNSS, 2023 or Section 438 of cr.p.c, 1973 is filed praying lthat in the circumstances Stated in memorandum of grounds of Criminal Petition, the High Court may be pleased to release the petitioners/Accused by granting anticipatory bail in the event of their arrest in Crime No.228 of 2024, on the file of the Macher[a Police Station, Palnadu Djstrict', The petition coming on for hearing, upon perusing the Petition and memorandum of grounds of criminal petition and upon hearing the arguments of Sri Ramalakshmana Reddy Sanepalli, Advocate for the Petitioners and Public Prosecutor for the Respondent', THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 9598 of 2024 ORDER: The Criminal Petition, u/See.482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is filed on behalf of the petitioners/accused to grant anticipatory bail in connection with Crime No.228/2024 of Macherla Town Police Station, Palnadu District. 2. A case has been registered against the petitioners and others for the offences punishable under Sections 61(2),196, 352, 353,111(2)(b) of the B.N.S. and Section 67 of the I.T.Act. 3. The case of the prosecution in brief is that: On 10.ll.2024, while the defacto complainant was scrolling his face book account, he found that there were some postings posted by the accused, defaming the prominent political leaders belonging to the State of Andhra Pradesh. lt is further alleged that due to the social med'la posting, there was every chance of spreading hatredness and the same is also likely to promote clashes between two groups. 4. Heard. Perused the record. 5, A perusal of the material available on record goes to show that basing on the confessional statement of co-accused, names of the petitioners were shown as accused in the present case. Except the confessional statement of co-accused, absolutely there is no other material available to connect the I+-) accused with the crime. The prosecution added section 111(2)(b) of the B.N.S in addition to the existI'ng Sections. 6. Learned Assistant publl'c Prosecutor, on instructions, submits that there are no other cases pendI'ng aS agaI-nSt the petjtjoners herein and no charge sheet has filed against them. In vI'eW Of the facts and circumstances of the case, pry-ma faC,-e the offence under section 111 (2)(b) of the B.N.S. is not attracted, and hence this court is incII-ned to consider the prayer of the PetitI-OnerS/accused for grant of anticipatory bail. 7. Accordingly, in the event of their arrest with regard to this crl'me, petl'tioners shall be released on bail on thel'r executing a personal bond for a sum of Rs.10,000/-(Rupees ten thousand only) each wI-th two Sureties for the lI'ke Sum each to the satisfaction of the arresting police offlcjals and also on condition that the petitioners shall make themselves available for investigation as and when requI'red and that they sha" not cause any threat, inducement or promise to the prosecution witnesses. The petitI-OnerS Shall appear before the station House officer concerned, once in a week i.e. on every sunday between 10.00 a.m. and 05.00 p.m., till filing of the charge-sheet. 8. AccordI'ngly, the Criminal Petition is allowed. :4dSy;fS TWAgtwrtyf i_ &f:g±L+E£S£ ep ?-j¥4 j§ //TRUE COPY// ForASSISIA.`. J} To, 1. The Additional Cl'vl-I Judge, (Junior Division), Macherla 2. The Station House Officer, Macherla Town Poll-ce Station, Palnadu District. 3. One CC to Sri. Ramalakshmana Reddy Sanepalli, Advocate [OPUC] 4. Two CCs to Public Prosecutor, High Court ofAP [OUT] 5. One spare copy MM HIGH COURT SRK,J DATED : 23/01 /2025 ORDER CRLP.No.9598 of 2024 ALLOWED a ® \AELRE he1\\5 \ \ \ \\