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2025 DAILYLAW 42040 (AP)

Malapati Venkata Sai Alias Chintu v. The Station House Officer

CRLP/10990/2025 · 2025-10-30

Y Lakshmana Rao

body2025

Judgment text

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APHC010565622025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE THIRTY FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10990/2025 Between: 1.MALAPATI VENKATA SAI ALIAS CHINTU, S/O.SADA SIVAIAH, OCC STUDENT,AGED ABOUT 23 YEARS, R/O. PURINI VILLAGEALLURU MANDAL, SPSR NELLORE DISTRICT ...PETITIONER/ACCUSED AND 1.THE STATION HOUSE OFFICER, Kandaleru Police Station,Rep. by its Public Prosecutor,High Court of Andhra Pradesh Amaravathi ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.C SUBODH Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following: ORDER: 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.6 on bail in Crime.No.16 of 2025 of Kandaleru Police Station, Sri Potti Sriramulu Nellore District, registered 2 against the petitioner/Accused No.6 herein for the offences punishable under Sections 103(2),140(1), 61(2), 238, 49 of the Bharatiya Nyaya Sanhita, 20231 and Section 67(a) of Information Technology Act, 2000. 2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 3. As seen from the record, Petitioner was arrested on 24.05.2025. He has been in the judicial custody for the past 160 days. The allegation against the Petitioner/Accused No.6 is that he drove the vehicle from Nellore to Rapur. In the vehicle he had transported the Accused to the alleged scene of offence and after commission of the alleged offence, he took them back to their destinations. In the process of the transportation, he had changed the original number plates of the vehicle and fixed fictitious number plates and after commission of the alleged offence he removed the fictitious number plate and set it on fire. Chargesheet has already been filed after thorough investigation. Petitioner is permanent resident of Purini Village, Alluru Mandal, SPSR Nellore District. He has got fixed abode. He is aged about 23 years. He is at impressionable age. 4. It will take considerable length of time to the learned Trial Court to take up the matter and dispose of the same in accordance with law. Until such time, keeping the petitioner in judicial custody would not serve any purpose. If 1 the BNS 3 certain conditions are imposed, the presence of the petitioner during the trial would be secured and the interest of justice would be sub-served. 5. Considering the facts and circumstances of the case, gravity and nature of the allegations levelled against the petitioner/Accused No.6, this Court is inclined to enlarge the petitioner/Accused No.6 on bail with the following stringent conditions: i. The petitioner/Accused No.6 shall be enlarged on bail subject to he executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for the like sum each to the satisfaction of the learned Additional Judicial Magistrate of First Class, Gudur. ii. The petitioner/Accused No.6 shall appear before the learned Trial Court on every adjournment without fail. In the event of failure to appear before the learned Trial Court, the learned Trial Court is at liberty to proceed in accordance with law to secure the presence of the petitioner/Accused No.6. iii. The petitioner/Accused No.6 shall not leave the limits of the State of Andhra Pradesh without prior permission from the learned Trial Court concerned. iv. The petitioner/Accused No.6 shall not commit or indulge in commission of any offence in future. 4 v. The petitioner/Accused No.6 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court. 6. In the result, the Criminal Petition is allowed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 31.10.2025 VTS/PRA