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2025 DAILYLAW 37547 (AP)

KANDAVALLI VENKATESWARA RAO v. THE STATE OF ANDHRA PRADESH

CRLP/10035/2023 · 2025-07-01

Y Lakshmana Rao

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Judgment text

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APHC010647012023 BMEI IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10035 OF 2023 Between: Kandavalli Venkateswara Rao, S/o.Ramalingam, Hindu, Male, aged 57 West years. Cultivation, R/o.Bhimolu Village, Gopalapuram Mandal, Godavari District. ...Petitioner/Complainant AND 1. The State of Andhra Pradesh, Represented by its Publilc Prosecutor, High Court of A.P., Amaravathi. ...Respondent 2. Vemuluri Kovvadayya, S/o.Simon, Hindu, aged 57 years, Bhimole Village, Gopalapuram Mandal. 3. Kakulapati Srinu, S/o.Kittayya, Hindu, aged 47 years Village, Gopalapuram Mandal. 4. Vemuluri Chinna Venkata Rao, S/o.Simon, Hindu, aged 60 R/o.Bhimole Village, Gopalapuram Mandal. 5. Vemuri Pedda Venkata Rao, S/o.Nalla Venkanna, Hindu, aged 60 years, R/o.Bhimole Village, Gopalapuram Mandal. R/o.Bhimole years. 6. Kakulapati Seethayya. S/o.Abbulu, Hindu, aged 58 years, R/o.Bhimole Village, Gopalapuram Mandal. 7. Chapala Venkata Rao, S/o.Krishna, Hindu, aged 58 years, R/o.Bhimole Village, Gopalapuram Mandal. • ^ . ; 8. Prathipati Polayya, S/o.Gangaiah, Hindu, aged 65 years, R/o Bhimole Village, Gopalapuram Mandal. 9. Prathipati Yesu, S/o.Ankalayya, Hindu, aged 65 years Village, Gopalapuram Mandal. ■ , R/o.Bhimole ...Respondents/Accused No.1 to 9 Petition filed under Section 439 (2) of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to cancel the bail/enlarge order granted on the Remand Report dated 17.07.2023 passed in Crime No. 188 of 2023 on the file of II Additional Junior Civil Judge-cum-ll Additional Judicial First Class Magistrate, Kovvur (Gopalapuram Police Station) and take them to the judicial custody till disposal of the crime. Counsel for the Petitioner: Sri Mangena Sree Rama Rao Counsel for the Respondent No.1: Assistant Public Prosecutor Counsel for the Respondent Nos.2 to 9: Sri P.Nagendra Reddy The Court made the following: V APHC010647012023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SMB [3521] WEDNESDAY,THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10035/2023 Between: KANDAVALLI VENKATESWARA RAO, S/0. RAMALINGAM HINDU, MALE, AGED 57 YEARS. CULTIVATION, R/0. BHIMOLU VILLAGE, GOPALAPURAMMANDAL, WEST GODAVARI DISTRICT. ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY PUBLILC PROSECUTOR, HIGH COURT OF A.P., AMARAVATHI. ITS 2.VEMULURI KOWADAYYA, S/0. SIMON, HINDU, AGED 57 YEARS, BHIMOIE VILLAGE, GOPALAPURAM MANDAL 3.KAKULAPATI SRINU, S/0. KITTAYYA, HINDU, AGED 47 YEARS, R/0. BHIMOIE VILLAGE, GOPALAPURAM MANDAL 4.VEMULURI CHINNA VENKATA RAO, S/0. SIMON, HINDU, AGED 60 YEARS, R/0. BHIMOIE VILLAGE, GOPALAPURAMMANDAL 5.VEMURI PEDDA VENKATA RAO, S/0. NALLA VENKANNA, HINDU AGED 60 YEARS, R/0. BHIMOIE VILLAGE, GOPALAPURAM MANDAL. 6.KAKULAPATI SEETHAYYA, S/0. ABBULU, HINDU, AGED 58 YEARS, R/0. BHIMOIE VILLAGE, GOPALAPURAM MANDAL 7.CHAPALA VENKATA RAO, S/0. KRISHNA, YEARS, R/0. BHIMOLE VILLAGE, GOPALAPURAMMANDAL. HINDU, AGED 58 2 Dr.YLRJ jP Crl.P.No.l0035 of 2023'^ Dated 02.07.2025 8.PRATHIPATI POLAYYA, S/0. GANGAIAH, HINDU, AGED 65 YEARS R/0. BHIMOLE VILLAGE, GOPALAPURAM MANDAL 9.PRATHIPATI YESU, S/O. ANKALAYYA, R/0. BHIMOLE VILLAGE, GOPALAPURAM MANDAL. ...RESPONDENT/COMPLAINANT(S): HINDU, AGED 65 YEARS, Counsel for the Petitioner/accused: MANGENA SREE RAMA RAO Counsel for the Respondent/complalnant(S): 1. PUBLIC PROSECUTOR (AP) 2.P NAGENDRA REDDY The Court made the following: ORDER: The learned counsel for the petitioner and the learned counsel for the unofficial respondents submit that the charge sheet has already been filed in this case vide C.C.No.634 of 2024 on the file of the learned II Additional Judicial Magistrate of First Class, Kovvur. 2. In view of the filing of the charge sheet, the petitioner is permitted to work out his remedies before the learned Trial Court, inasmuch as the accused were served with Section 41-A notice and were enlarged on sufficient sureties. 3. In the result, the Criminal Petition is disposed of. 3 Dr. YLR, J Crl.P.No.10035 of 2023 Dated 02.07.2025 As a sequel, Miscellaneous petitions, if any pending, shall stand closed. Sd/- M PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// ^ SECTION OFFICER To, 1. The II Additional Civil Judge (Junior Division)-cum-ll Additional Judicial Magistrate of First Class, Kovvur, West Godavari District. The Station House Officer, Gopalapuram Police Station, East Godavari District. One CO to Sri Mangena Sree Rama Rao, Advocate [OPUC] One CC to Sri P.Nagendra Reddy, Advocate [OPUC] Two CC's to the Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] Two CD Copies 2. 3. 4. 5. 6. BSV sree •/ - HIGH COURT DATED:02/07/2025 ORDER CRLP NO. 10035 OF 2023 DISPOSING OF THE CRIMINAL PETITION