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2025 DAILYLAW 36757 (AP)

ATLA SUMAN v. THE STATE OF AP

CRLP/9779/2024 · 2025-01-08

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010602632024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY ,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9779/2024 Between: Atla Suman and Others ...PETITIONER/ACCUSED(S) AND The State Of Ap ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. GANDAVALLI MAHESH Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER The instant Criminal Petition, under Section 482 of B.N.S.S., 2023 (u/s.438 of the Code of Criminal Procedure, 1973) has been filed by the Petitioners/Accused Nos.2 to 5, seeking to release the Petitioners on bail in the event of their arrest in Cr. No.76 of 2024 for the alleged offence punishable under Sections 61(2), 109, 118(1) r/w 3(5) BNS on the file of Chittamuru Police Station, Guduru, Tirupati District. 2 Dr.VJPJ, Crlp.No.9779/2024 2. The case of the prosecution is that a complaint was received on 22.09.2024, from the complainant stating that A1 promised the villagers to pay a sum of Rs.4,00,000/- and was elected as Sarpanch unanimously, but he failed to pay the amount. On demand, he paid an amount of Rs.3,30,000/- and the remaining amount of Rs.70,000/- was due. On 22.09.2024 when the complainant demanded A1 to pay the remaining amount, A1 along with his henchmen bet him with an intention of killing and when the other villagers intervened, the accused attacked them as well causing injuries. Hence the Crime. 3. Heard Sri G.Mahesh, learned counsel for the Petitioners and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor for the State/Respondent. 3. Learned counsel for the petitioners would submit that the petitioners herein are A2 to A5 and by this time, investigation might have completed. The earlier application was dismissed on the ground that investigation was not completed. The victim suffered only simple injuries. There are no ingredients to attract the offence under Sections Sections 61(2), 109, 118(1) r/w 3(5) BNS. Learned counsel for the petitioners finally prays to grant anticipatory bail to the petitioners. 4. Learned Assistant Public Prosecutor vehemently opposed the petition. Learned Assistant Public Prosecutor would further submit that as per wound certificate, injuries sustained by the victim are simple in nature. Learned Assistant Public Prosecutor would further submit that investigation is at crucial 3 Dr.VJPJ, Crlp.No.9779/2024 stage and it is not completed. Some more eye witness need to be examined. There is no change of circumstances from the date of dismissal of the earlier application. 5. Considering the submissions made, in the light of the submission made by the learned Assistant Public Prosecutor as there is no change of circumstances from the date of dismissal of earlier bail application. Though the victim Nos. 1 to 3 in this matter suffered simple injuries, this Court is not inclined to grant anticipatory bail to the petitioners. 6. In the result, the Criminal Petition is dismissed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________________________________ DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 08.01.2025 UPS 4 Dr.VJPJ, Crlp.No.9779/2024 05 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.9779 of 2024 Dt.08.01.2025 UPS