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2025 DAILYLAW 42824 (AP)

Bathula Rajakrishna v. The State of Andhra Pradesh

CRLP/11682/2025 · 2025-11-20

Y Lakshmana Rao

body2025

Judgment text

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APHC010605472025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE TWENTY FIRST DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NOS: 11681 AND 11682 OF 2025 CRIMINAL PETITION NO: 11681/2025 Between: Gali Srikanth ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. CKR ASSOCIATES Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR CRIMINAL PETITION NO: 11682/2025 Between: Bathula Rajakrishna and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. CKR ASSOCIATES Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 COMMON ORDER: The Criminal Petition Nos.11681 and 11682 of 2025 have 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.2 in Crl.P.No.11681 of 2025 and petitioners/accused Nos.1, 3 and 4 in Crl.P.No.11682 of 2025 on bail in Crime No.138 of 2025 of Cumbum Police Station, Prakasam District was registered against the Petitioners herein for the offences punishable under Sections 109(1), 118(1), 79, 333, 324(2) and 351(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘the BNS’). 2. These two Criminal Petition Nos.11681 and 11682 of 2025 are heard and disposed of by way of this common order, as the petitioners in these two petitions are accused in the same crime. 3. Heard the learned Counsels for the Petitioners and the learned Assistant Public Prosecutor. 4. As per the prosecution, the alleged offence occurred on 04.09.2025, while the de-facto complainant chose to lodge a report with the police only on 07.09.2025, there was a delay of four days. The defacto complainant has not mentioned in her report the nature of the injuries suffered by her or her husband. So far, 14 witnesses have been examined. Substantial portion of the investigation in so far the alleged involvement of the petitioners concerned is completed. The petitioners are permanent residents of Prakasam District. 3 They have got fixed abode. If conditions are imposed, there is no likelihood of their absconding or evading the process of law. Accused No.1 is aged about 45 years; Accused No.4 is aged about 22 years; accused No.3 is aged about 30 years; and Accused No.2 is aged about 25 years and is working as a Software Engineer. Accused Nos.1 and 2 were arrested on 16.10.2025. They have been in judicial custody for the past 35 days. Accused Nos.3 and 4 were arrested on 23.09.2025. They have been in judicial custody for the past 58 days. No petition seeking for custodial interrogation of the petitioners was filed by the police before the learned Court below concerned. 5. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused No.2 in Crl.P.No.11681 of 2025 and the petitioners/accused Nos.1, 3 and 4 in Crl.P.No.11682 of 2025, this Court is inclined to enlarge the Petitioner/Accused No.2 in Crl.P.No.11681 of 2025 and the petitioners/accused Nos.1, 3 and 4 in Crl.P.No.11682 of 2025 on bail. 6. In the result, the Criminal Petition Nos.11681 and 11682 of 2025 are allowed with the following stringent conditions: i. The Petitioner/Accused No.2 in Crl.P.No.11681 of 2025 and the petitioners/accused Nos.1, 3 and 4 in Crl.P.No.11682 of 2025 shall be enlarged on bail subject to they executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only), with two sureties each for the like sum each to the satisfaction of the learned Additional Judicial First Class Magistrate, Giddalur. 4 ii. The Petitioner/Accused No.2 in Crl.P.No.11681 of 2025 and the petitioners/accused Nos.1, 3 and 4 in Crl.P.No.11682 of 2025 shall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii. The Petitioner/Accused No.2 in Crl.P.No.11681 of 2025 and the petitioners/accused Nos.1, 3 and 4 in Crl.P.No.11682 of 2025 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. iv. The Petitioner/Accused No.2 in Crl.P.No.11681 of 2025 and the petitioners/accused Nos.1, 3 and 4 in Crl.P.No.11682 of 2025 shall not commit or indulge in commission of any offence in future. v. The Petitioner/Accused No.2 in Crl.P.No.11681 of 2025 and the petitioners/accused Nos.1, 3 and 4 in Crl.P.No.11682 of 2025 shall cooperate with the investigating officer in further investigation of the case and shall make themselves available for interrogation by the investigating officer as and when required. vi. The Petitioner/Accused No.2 in Crl.P.No.11681 of 2025 and the petitioners/accused Nos.1, 3 and 4 in Crl.P.No.11682 of 2025 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 or to any police officer. vii. The Petitioner/Accused No.2 in Crl.P.No.11681 of 2025 and the petitioners/accused Nos.1, 3 and 4 in Crl.P.No.11682 of 2025 shall surrender his passport, if any, to the investigating 5 officer. If they claim that they do not have a passport, they shall submit an affidavit to that effect to the Investigating Officer. df ________________________ Dr.Y. LAKSHMANA RAO, J. Date:21.11.2025, Note: Issue C.C. by today. B/o. S D P 6 HONOURABLE Dr.JUSTICE Y.LAKSHMANA RAO CRIMINAL PETITION NOs: 11681 and 11682 of 2025 DATE: 21.11.2025 Note: Issue C.C. by today. B/o. S D P