Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 3910 (AP)

Rachakunta Balakrishna @ Kittu, v. The State of Andhra Pradesh

CRLP/462/2025 · 2025-01-22

Nyapathy Vijay

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

t````.T>`:>\ -I V IN THE HIGH COURT OF ANDHRA PRADESH AT AMAR WEDNESDAY, THE TWENTY SECOND DAY OF JANUA TWO THOUSAND AND TWENTY FIVE :PRESENT: HONOURABLE SRI JUSTICE NYAPATHY VIJAY CRIMINAL PETITION NO: 462 OF 2025 Betwee n : Rachakunta Balakrishna @ Kittu, aged 42 years, S/o Ramudu, Caste by yadav, vartha Reporter, D.No. 2/8-C, Yadav Street, Muddanur village and Mandal YSR Kadapa distr-lot. ...Petitioner/Accused AND The State of Andhra Pradesh, rep. by its Public Prosecutor, High Court of AP, through station House Officer, Muddanur Police Station ...Respondent/Complainant petition under section 480 & 483 of BNSS (Old Sections 437 & 439 of cr.p.c), praying that in the circumstances stated in the memorandum of grounds filed in support Of the Criminal Petition, the High Court may be pleased to set aside the order passed in CRL.MP.No. 508 of 2024 on the file of vll District and Sessions Judge's Court at Kadapa-cum-FAC II Additional District and Sessions Judge, Kadapa at Proddatur dated 9.1.2025 and pleased to grant regular bail tO the Petitioner/Accused No.5 in connection with cr.No. 428 of 2024 of Muddanur Police Station by enlarging the Petitioners/ Accused No.5. counsel forthe petitioner : Sri P.Veera Reddy, SeniorCounsel for Sri Kasa Jaganmohan Reddy counsel for the Respondent : Assistant Public Prosecutor. The Court made the following ORDER: ~/ accused and argued with accused regarding the allegation that is I being spread against them. As a result of the heated exchanges between them L.Ws.1 & L.W.2 were going on their motor cycle to lodge a complaint before Muddanur Police Stati6n. while so, the Accused Nos.1, 2 & 6 to 8 chased them on their Bolero vehicle with intent to kill L.W.1. Basing on the statement given by L.W.1- Chelluboina Gangaraju, the case was registered on 01,12.2024 at 9.50 p.m. The petitioner / A.5 was arrested on 16.12.2024, 4. Learned senior counsel contended that even assuming that the allegations are true, the attack cannot be termed as pre-planned and 6 at best, an action on the spur of the moment. It is further contended that the victims had actually attacked the family members of the Petitioner and complaints given by them are not being registered. Photographs were also filed along with the application showing injuries to the family members of the accused. However, this Court is not inclined to express its opinion thereon, 5. Learned Assistant Public Prosecutor opposed the application on the ground that RFSL report on the weapons used in the attack are awaited in the investigation and further examination of the witnesses 6 is required. lt is also contended that as the victims and accused are from same Village, there might be an issue of law and order, if the Petitioner is released on bail. •` ., , F_I i I \=_=J`--i-A 6- Considering the submission made by both the learned COunSel, this court is of the opinion that as the petitioner is under detention from 16.12.2024 and that substantial Part Of the investigation iS completed, the Petitioner/A.5 is entitled tO be enlarged On bail, On the following conditions:- (i) The Petitioner/Accused No.5 shall be released On executing a personal bond for Rs.5,000/- (Rupees five thousand Only) With two sureties for a like sum each to the sat'ISfaCtiOn Of the Judicial Magistrate of First Class, Jammalamadugu. I (ii) on release, the petitioner/A.5 shall appear before the Station House Officer concerned, twice in a Week, between 4.00 p,m. to 6.00 p.m. till conclusion of the invest'lgation and filing of the Charge Sheet. (iii) The Petitioner/A.5 shall not directly Or indirectly contact Or threaten the witnesses under any circumstances and any such attempt shall be construed as an attempt Of influencing the Witnesses and shall not tamper ev|ldence and shall ,co-operate with the investigation. lt is made clear that the petitioner shall scrupulously comply with the above conditions and breach of any of the above conditions will be v'lewed ser'lously and prosecution 'ls at liberty to move an application for cancellation of the bail. ee+-z/, 7. With the above conditions, the Criminal P,etition is allowed. Consequently, miscellaneous applications, if any, pending shall stand closed. //TRUE COPY// SD/-N.NAGAMMA ASSISTANT REGISTRAR HBH=z-iiiiii= For ASSISTANT REGISTRAR To] 1. The Judicial Magistrate of Fl'rst Class, Jammalamadugu. 2. The Special Sessions Judge for trial of Offences against Women-Gum- VII Additional DistrI'Ct & Sessions Judge's Court, Kadapa FAC II Additional District & Sessions Judge, Kadapa at Proddatur. 3. The Superintendent, Sub-Jail, Jammalamadugu. 4. The Station House OffI'Cer, Muddanur Police Station, Y.S.R. Kadapa DistrI'Ct. 5. One CC to SrI' Kasa Jaganmohan Reddy, Advocate [OPUC] 6. Two CCs to Public Prosecutor (AP) High Court ofAndhra Pradesh [OUT] 7. One spare copy CVSS ```s* J} ® HIGH COURT VN,J DATED:22/01/2025 BAIL ORDER CRLP.No.462 of 2025 ALLOWED .a, ^trtyx I / edi ,+uLe ` ``