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2025 DAILYLAW 3774 (AP)

D.Srinivasa Rao, v. THE STATE OF ANDHRA PRADESH

CRLP/472/2025 · 2025-02-05

K Sreenivasa Reddy

body2025

Judgment text

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lN THE HIGH COURT OE ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE K SREENIVASA REDD CRIMINAL PETITION NO: 472 OF 2025 Between : D.Srinivasa Rao, S/o. D.Sanyasi Naidu, Aged about 45 years, D.No. 37-12_ 71/6, NGGOs Colony, Murali Nagar, Visakhapatnam. ...Petitioner/A1 AND The State Of Andhra Pradesh, Through its SHO, Pendurthy P.S, Visakhapatnam District, Rep by its Public Prosecutor, High Court ofA.P. ...Respondent/Complainant Petition under Section 482 of BNSS, praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the Hl'gh Court may be pleased tO enlarge the Petitioner/Accused No.1 in the event of his arrest on bail in connection with Cr.No.585 of 2024 on the file of Pendurthy Police Station, for the alleged offences Section 109(1), r/w 3(5) BNS. The petition-coming On for hearing, upon Perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of SRI THATHIREDDY ASHOK SRIVASTAVA Advocate for the petitioner, and of PUBLIC PROSECUTOR for the Respondent, and the Court made the following I Jr, 2 QBng.. - Thl-s Crjml'nal petition, under section 482 of the Bharatiya NagarI'k Suraksha sanhI-ta, 2023 (for short fBNSS') has been filed on behalf of the petI'tl'Oner/accused No.1 to grant antI-CiPatOry ba" I-n connection wl'th crime No.585 of 2024 of Pendurthy police statI'On, VIsakhapatnam commiss,-onerate. 2. A case has been regl-stered agal'nst the petI'tl-Oner/ accused No.1 and others for the offence punl'shable under section 109 (1) read with 3 (5) of the Bharatl-ya Nyaya sanhjtha, 2023 (for short [BNS') 3. Case of the prosecutI-On, jn brief, js that, the de racfo complaI-nant was running a transport busl'ness,' that hI'S friend by name pachala KrI'Shna was constructI'ng -a buI'lding in Mal'thrI' Nagar, shipping Layout, and the saI'd I-SSue ,'s pending before the court,I that the petitioner/accused No.1 and accused No.2 were alleged to have fixed the banners jn the said construction place, dI'SPlayjng that the issue l's pendl-ng before the court and not to make any construction l'n the said place,I that wh,-le so, one pachala KrI'Shna questl'oned the accused about the act of fixing banners jn the said place and called the de facfo complajnant, one vada sada siva Naga Ljngeswara Rao and Kall'gatla subramanya sun" Kumar and when they all went to MaI'thrl- Nagar bujldl'ng, accused \_ r< +` e±fty 3 were alleged to have-thrown stones over them and beat them with iron rods; that the de facfo complainant was alleged to have sustained injury to his head. The case was reported to police, basing on which, a case in Crime No.585 of 2024 of Pendurthy Police Station was registered for the aforesaid offences and investigated I'ntO. 4. Heard. Perused the record. 5. A perusal of material on record goes to show that there is property dispute between the petitioner/accused No.1 and the de facfo complainant and in connection with the said dispute, case and counter-case have been registered against the parties. ln the course of quarrel between the petitioner/accused No.1 and the de racfo complainant, the petitioner/accused No.1 was also beaten severely. 6. Learned Assistant Public Prosecutor for the State submits that the Wound Certificate would show that the c/e racfo complainant sustained simple injuries in the said scuffle. lt is further submitted that if the petitioner/accused No.1 is allowed to stay 'ln the village, law and order problem would arise. 7. ln view of the fact that it is a case and counter-case, this Court is inclined to grant anticipatory bail to the petitioner/ accused No.1, however, on certain conditions. I_ -\ ` \ 4 8 Accord,ng/y, ln the event of arrest of petft,oner/ a=::ucsu::gNao ::ms:h;ealabbnOnVAe €C^r:m_e , he shat: b:\r\e:i:sOetd opnet:i::Corn ehxoeucsu:lnndg ao:ye)rs:tahl tbwonnd®::.:La_ Su: of R:: :::::::ROunpebea:I toe'n {`>ha:IuS:aacnt:onOnolfyt)hewI::rats::nhs:=:Ie_: for -{h:®l I :eu I usuuO: (eRaucphe:os {t:: s,aettII:IfOanC:Ir;ancocfutsheed a rrNe:{Ilng :::: a lS , and :I s:oen Scuo:a :laocnh{htaot ::€e pet,t,oner/accused No 1 sha" make A,mself ava,/able for I nh:eeas:,I:na::cneamsean:do:Dhreonm:::u+:: _and :ha: I::Sse:ta I I na:: I:aabulsee afno; threat, Inducement orprom,se to the prosecut,on w,tnesses The pet,t,oner/accused No 1 sha" appear before the statIOn House officer concerned one ,n a week , e on every saturday between 1,toe: :fmthaendfalctOOspu hmm1\++i::i" ILng Of i;e ::aG:gyeOsah{eu::ayKebeep:neg:'n v,ew of the fact subm,{ted by the /earned Ass,slant pub,,c prosecutor, the pet,tJOner/accused No 1 ,s a,recked not to enter ,nto the IImltS Of Vepagunta vIHage for a perlo: ::::(ao2n;tmt:net:i: 9 Accord,ng'y, the cnmlna/ Pet,t,on ls a"owed To, KN //TRUE COPYW A' Asss/SESD:I/A:,NG6T#H#cAT:RDiAUR 1>-Tnhne^s^H^O,.Pen:u_rihy p-sl VIsakhapatnam District. 2 One cc to SRI THATHIREDDY ASHOK SRIVASTAVA,Advocate [OPUC] 3 Two cos to puBL'C PROSECUTOR, H,gh court ofAndhra pradesh [OUTJ 4. one spare copy HIGH COURT SRK,J DATED : 05/02/2025 ORDER CRLP.No.472 of 2025 ALLOWED \2 FEBl"\ 3z J:+-I.--i3=ErrLa+I