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2025 DAILYLAW 40935 (AP)

Yangali Gopi v. The State of Andhra Pradesh

CRLP/12096/2025 · 2025-12-23

Y Lakshmana Rao

body2025

Judgment text

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APHC010625132025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY,THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 12096/2025 Between: YANGALI GOPI, S/O. LATE DEMUDU, AGED ABOUT 27 YEARS,R/O. D.NO.5-99/2, MANYAPALEM, NARAVA VILLAGE,PENDURTHI, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT ...PETITIONER/ACCUSED No.1 AND THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor,High Court of Andhra Pradesh. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr.YLR,J Crl.P.No.12096 of 2025 Dated 24.12.2025 The Court made the following: ORDER: Then Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner/Accused No.1 on bail in Crime No.307 of 2025 of Pendurthy Police Station, Visakhapatnam Commissionerate, registered against the Petitioner/Accused No.1 herein for the offence punishable under Section 109(1) of the Bharatiya Nyaya Sanhitha, 2023 (for brevity ‘the BNS’). 2. Mr.G.Maheswara Rao, the learned counsel for the petitioner, submitted that the petitioner is innocent. He has not committed any offence. He has been falsely implicated in this case. He is a law-abiding citizen. The de-facto complainant is his own sister. He has got fixed abode. He would abide by any condition that this Court deems fit to impose while enlarging him on bail. After thorough investigation, charge sheet has been filed in this case. Hence, it is urged to enlarge the petitioner on bail. 3. Per contra, Ms. P. Akhila Naidu, the learned Assistant Public Prosecutor, submits that on an earlier occasion, the petitioner was arrested and sent to judicial remand on the ground that he committed the murder of his father. After being released in that case, he again committed the alleged offence by attacking his own sister. There is an imminent threat to the life and limb of the de-facto complainant. Even though the charge sheet has been filed, it is urged to dismiss the petition considering the gravity of the case. 3 Dr.YLR,J Crl.P.No.12096 of 2025 Dated 24.12.2025 4. Heard the learned counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record. 5. As seen from the record, on an earlier occasion, the petitioner was charged for the offence of patricide. The above-alleged offence took place as the father of the petitioner had not heeded the request of the petitioner for providing money to his vices. He killed his father. Later, he was sent to judicial custody. The de-facto complainant alleged that the petitioner, being her own younger brother, bore a grudge against her, as she had lodged a report against the petitioner for committing patricide. As per the version of the de-facto complainant, the petitioner picked up a quarrel with her mother and also with her and tried to kill her with a knife. Fortunately, the de-facto complainant escaped from the fatal blows. Out of fear, the de-facto complainant did not remain in the house on that night. Later, she lodged a report with the police. 6. It is submitted by the prosecution that there is an imminent threat to the life and limb of the de-facto complainant in case the petitioner is enlarged on bail. After thorough investigation, the charge sheet has been filed. The petitioner was arrested on 07.07.2025. He has been in judicial custody for the past 170 days. 7. Considering the facts and circumstances of the case, the gravity and nature of the allegations levelled against the Petitioner/Accused No.1, and in view of the filing of the charge sheet, the accusations are well-founded against 4 Dr.YLR,J Crl.P.No.12096 of 2025 Dated 24.12.2025 the petitioner. Hence, there are no merits to grant bail to the Petitioner/Accused No.1 at this juncture. Accordingly, this Criminal Petition is liable to be dismissed. 8. In the result, the Criminal Petition is dismissed. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 24.12.2025 RSI 5 Dr.YLR,J Crl.P.No.12096 of 2025 Dated 24.12.2025 91 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 12096 of 2025 Date: 24.12.2025 RSI