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2025 DAILYLAW 43049 (AP)

NALLURI SRINIVASA RAO v. THE STATE OF ANDHRA PRADESH

CRLP/1992/2025 · 2025-04-07

T Mallikarjuna Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATU;^^^^ "SKi"^ TUESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE ..f. % V*-' •>x .'^3 X| ■PRESENT: honourable SRI JUSTICE T MALLIKARJUNA RAO* CRIMINAL PETITION NO: 1992 OF 2025 m Y'tf 'W’r/ Between: Nalluri Srinivasa Rao, S/o Ramamurthy Aged about 51 years, R/o D.No. 7/1- 29, Samatha Nagar, Lakshmi Narasimhapuram, Ongole, Prakasam District. ...Petitioner/Accused No.1 AND The State of Andhra Pradesh, Through S.H.O Ongole Taluk by P P High Court Of Andhra Pradesh, Amaravathi PS Represented ...Respondent Petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita 2023 (438 of Cr.P.C), praying that in the circumstances stated i memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioner/Accused in the No. 1 on Anticipatory Bail in the event of his arrest in Crime No. 92 of 2025 dated 19.02.2025 file of Ongole Taluk PS , Prakasam district for offences Sections 189(2), 115(2), 118(1), 109 (1) r/w 190 BNS. on the punishable under Counsel for the Petitioner Ms. Ayesha Azma S Counsel for the Respondent : Assistant Public Prosecutor. The Court made the following ORDER: *>> A r APHC010093552025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY. THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO r.RIMlNAL PETITION NO: 1992/2025 [3369] THE Between: Nalluri Srinivasa Rao ...PETITIONER/ACCUSED AND ...respondent/complainant The State Of Andhra Pradesh Counsel for the Petitioner/accused; 1.AYESHA AZMAS Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: of the Bharatiya Nagarik been filed by the petitioner/A1, seeking No.92/2025 of Ongole Taluk Police Station, This Criminal Petition, u/Sec.482 Suraksha Sanhita, 2023, has anticipatory bail, in Crime Prakasam District. registered against the petitioner and others for the u/Sec.189(2), 115(2), 118(1), 109(1) r/w 190 B.N.S. counsel for the petitioner and the iearned Assistant Public Prosecutor representing the respondent/State. 2. A case has been offence punishable 3. Heard learned F 2 Case of the prosecution, in brief, is that, on 18.02.2025 at 4.30 pm at Nethaji colony near Mangamma college, Ongole wherein the complainant Nalluri Venkata Praveen Kumar stated that he runs stone crusher at Budavada village, Chimakurthy Mandal. 4. There are long standing ill feelings between himself and Chinna Swamy of Tamilnadu State with regard to wine business. Later they both had compromised in the presence of elders. But his senior paternal uncle son accused Nalluri Srinivasarao involved from the side of Chinna Swamy in this issue and threatening him by saying that the compromise will not be valid and to pay an amount what he said, otherwise he will see his end. But he did not agree. Due to that Nalluri Srinivasrao developed grudge and hatched a plan to kill him. While so, on 18.02.2025 at 4.30 pm he along with Putta Srinivasarao and 4 others were present, at that time he asked Nalluri Srinivasarao that compromise was over why involved in this issue. On that all accused shouting loudly by saying to kill him and caught hold of him and pushed him down and beat him with sticks. Among them Nalluri Srinivasarao sat on him with an intention to kill him and caught hold of throat and pressed tightly and shouting to kill him. Later escaped from the hands of the accused and went to Government General Hospital, Ongole with the help of his friends for treatment there his statement was recorded. Heard. Perused the record. 5. p 3 Learned counsel for the petitioner submits that the petitioner and the defacto complainant are cousins and according to the averments of the report that there were previous disputes in between the petitioner and one Chinnaswamy of Tamilnadu in connection with a wine shop and the said disputes were compromised but keeping the same in mind the present complaint was lodged by the complainant and prays to allow the 6. criminal petition. 7. Learned Assistant Public Prosecutor submits that the investigation is at crucial stage in this case and prays to dismiss the criminal petition. 8. A perusal of the F.l.R prima-facie suggests that there were some disputes between the defacto complainant and the accused. According to intention to kill the report, A1, A4 and others hit him with sticks with an and sat on him and pressed the throat. Whereas the wound certificate shows that the defacto complainant sustained simple injuries. Thus the contents of the medical certificate do not fit in with the gravity of the allegations mentioned in the report. As such the possibility of making section 307 I PC cannot be ruled out. When such allegations to attract ascertained learned antecedents reported against the petitioner. The petitioner is shown to such there is no possibility of his Public Prosecutor submits that there are no the permanent resident of Ongole, as from the record that most of the and when ascertained, learned Public Prosecutor fleeing away from justice. It appears investigation completed % 4 submits that the defacto complainant/victim got treatment as out patient and he was not admitted in the hospital. 9. Accordingly, the petitioner is directed to surrender before the concerned police station within a period of two (02) weeks from the date of receipt of a copy of the order and on his surrender the petitioner/M shall be released on bail on his executing a personal bond for a sum of Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the arresting police officials and the petitioner shall make himself available for investigation as and when required and he shall not cause any threat, inducement or promise to the prosecution witnesses. Petitioner shall appear before the Investigating officer concerned on every Sunday between 10.00 am and 12.00 noon for a period of two (02) months. 10. Accordingly, the Criminal Petition is allowed. SDMVJSRlNfVAS , ASSISTANTi^Gl3TRAR SECTION OFFICER //TRUE COPY// For To, 1. The Station House Officer, Ongole Taluk Police Station, Prakasam District. 2. OneCCto Ms. Ayesha Azma S, Advocate [OPUC] 3. Two CCs to Public Prosecutor (AP) High Court of Andhra Pradesh [OUT] 4. One spare copy cvss \ f HIGH COURT TMR,J DATED;08/04/2025 BAIL ORDER CRLP.No.1992 of 2025 ALLOWED 5^'. ''O LftB ' WR or I rn eo