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High Court of Andhra Pradesh · body

2025 DAILYLAW 44244 (AP)

M. NAGI REDDY v. THE STATE OF ANDHRA PRADESH

CRLP/1665/2025 · 2025-04-09

K Suresh Reddy

body2025

Judgment text

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` ```>` \ \ .J lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl THURSDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE K SURESH RE CRIMINAL PETITION Mos: 1665 & 1682 of 2025 Criminal Petition No.1665 of 2025: Between : M. Nagi Ready, S/o Late MusaI Reddy Aged about 48 years. Plot No.504, Seshadri Residency Door No. 1/2332-9, APHB Colony, Kadapa City, Y.S.R. District. ...Petitioner AND The State of Andhra Pradesh, rep., by its public Prosecutor, High Court of Adhra Pradesh, Amaravathi. ...Respondents petition under section 482 of BNSS praying that in the circ~umstances stated in the memorandum of grounds filed in support of the crimI'nal Petition, the High Court may be pleased to enlarge the petitioner on Anticipatory Bail in FIR.No.20 of 2025 dated ll.02.2025 on the file of the Kadapa I Town U/G Police Station, Kadapa, YSR Distn-ct, in the event of his arrest. IANO:1 OF 2025 Petition under section `438 of Cr.P.C/ Under SectI'On 528 of BNSS prayI'ng that in the circumstances stated in the memorandum of grounds filed in support of the petition, the High Court may be pleased to grant the Petitioner interim bail in anticI'PatiOn Of arrest, Pending disposal Of the above; bail appII'CatiOn in FIR.No.20 of-2025 dated ll.02.2025 on the file of the`^ Kadapa I Town U/G Police Station, Kadapa, YSR District, Pending disposal of CRLP 1665 of 2025, on the fI-le -O'f the High Court. i The PetitI'On coming on for hearI-ng, upon Perusing the Petition and the rhemorandum of grounds fil6d'' in support thereof and upon hearing the <} arguments of Sri O.Manohar Reddy, Senior Standing counsel for SRI V R Reddy k9Wuri Advocate for trle Petitioner, and of PUBLIC PROSECUTOR, i_ for the Respondent; RIMINAL PETITION NO: 1 682' -O'F 2025 Between Gadda Gurappa, S/o Gadda~Ba!a.ya, Aged about 52 years, Occ. Advocate, R/o 3/1766-2, Rajareddy Street,-'`Siyanpuram Kadapa. ...petitioner/A2 AND The State of Andhra Pradesh, Rep. by its publI-C Prosecutor, High Court a Amaravathl|, Through s.H.O.-,I Ka`dapa I Town U/G P.S., Kadapa District. -_ i,. `.. ..'lR'espondent Petition under section 438' of Cr.P.C/ Under Section 482 of BNSS -i-'= --_i-5=: - praying that in the circumstan-66s--[`-J§`tated in the memorandum of grounds filed in support of the criminal Petiti~6n, the HIIgh court may be pleased to enlarge the petl|tioner/Accused on bail:''i-h`-:-the event of his arrest by the Respondent Kadapa I Town U/G P.S.;h-'kadapa District in crime No.20/2025 dated ll.02.2025. IANO: 1 OF 2025 t I Petition under sectioh`+'`'l`-482(1) of BNSS praying that in th: circumstances stated in the memorandum of grounds filed in support of th6J -.. I:.I.. petition, the High Court niay,I-:be pleased to grant interim bail to the` petitioner/Accused by directi-h+g<i`th-¢et Respondent Kadapa I Town U/G P.S.,i .i Kadapa District not to arrest: the petI'tiOner/Accused in crime No.20/2025-- dated ll.02.2025, Pending disp'^6sr`al of CRLP 1682 of 2025, on the fI'Ie of the' High Court. I--::---" The PetitI-On coming on for hearing, upon perusing the pe{jtion and the memorandum of grounds fI'led in support thereof and upon hearing the arguments of SRI S DUSHYANTH~ REDDY Adv6cate for the petitl'oner, and of PUBLIC PROSECUTOR, for-the' R6spondent, the court made the following .I LIHl i=¥ APHCO10076832025 HET LE IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (SpecI-al OrI-ginal Jurisdiction) THURSDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT - THE HONOURABLE SRI JUSTICE' K SURESH REDDY CRIMINAL PETITION NO: 1665/2025 Between : M. Nagi Reddy AND The State of Andhra Pradesh, Rep. by its Public Prosecutor Counsel for the Petl-tioner/accused: 1.V R REDDY KOWURl [3239] ...PETITIONER/ACCUSED ...RESPONDENT/COMPLAINANT Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR CRIMINAL PETITION NO: 1682/2025 Between : Gadda Gurappa ...PETITIONER/ACCUSED AND The State of Ahdhra Pradesh, Rep. by its Public Prosecutor Counsel for.the Petitioner/accused: 1.,S DUSHYANTH REDDY .URESPONDENT/COMPLAINANT Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR COMMON ORDER: As both these Criminal Petitions are arising out of the same crime, they are being heard and disposed of by way of this common order. 2. The petitioners are A.2 & A.3 in Cr.No.20 of 2025, of Kadapa I Town U/G Police Station, Kadapa District. The Commissioner of Municipal Corporation, Kadapa gave a report dated ll.02.2025 to the police. On the basis of which, the present crime has been registered. lt is alleged that one B.Bhaskar filed a suit in O.S.No.388 of 2015 on 09.09.2015 seeking compensation for demolishing the compound wall of his house by the Municipal Authorities. The District Collector was shown as 7th defendant in the suit and the Municipal Corporation was shown as 2nd defendant. An ex parfe decree was passed on 24.02.2016. As the compensation was not paid, the said B.Bhaskar filed an Execution Petition in E.P.No.201 of 2016. In the said E.P., the Municipal Corporation was not shown as one of the respondent, whereas the District Collector was shown as respondent. The said E.P. was allowed and an amount of RS.12,34,626/-was debited from the account of the Collector. Even in the said E.P., the Government Pleader did not contest. But, the Municipal Commissioner was not made as party to the said E.P. and the petitioner in Crl.P.No.1665 of 2025 is the Standing Counsel for Municipal Corporation. Subsequently, his tenure was over. Thereafter, the collector filed another suit in O.S.No.57 of 2018 seeking cancelation of the judgment .J I.\ and decree passed in the above suit Ion O.S.No.388 of 2015 and also for recovery of money from B.Bhaskar. The said suit is pending. 3. Heard Sri O.Manohar Reddy, learned Senior Counsel representI'ng Sri v.R.Reddy Kowuri, learned counsel appearing for petitioner / A.3 in crl.p.No.1665/2025 and srj s.Dushyanth Reddy, learned counsel for Petitioner / A.2 in Crl.P.No.1682 of 2025. 4. Learned counsel appearing for the petitioners contends that no para- wise remarks have been submitted to them for contesting the suit and Executioln petition. The latches are on the part of the offI®CerS Of the DI-Strict collector and the officers of the MunicI-Pal Corporation. If only proper instructions were given {o them, they will be Ion a positI'On tO COnteSt el'ther the suit or E.P. 5. Be that as it may, as the subsequent suI®t OS.No.57 of 2018 Its Still pending adJ-udiCa{iOn and as the petitioners are practicing Advocates, this Court is inclined to grant anticipatory bail to the petitioners. i) Petitioners herein are directed to surrender before the station House Officer, Kadapa I Town U/G Police StatI'On, Kadapa District, on or before 25.04.2025. On such surrender, the station House Officer, Kadapa I Town U/G Police Station, Kadapa District, are directed to release the petitioners herein on bail on their executing a personal bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) each with two suretl-es for the like sum each to the satisfaction of the station House Officer, Kada,pa I Town U/G Police Station, Kadapa District. After their release, the petitioners herein are directed to cooperate with investigation ii) petitl'oners herein shall make themselves available for'r I'nterrOgatiOn aS and when required, and they 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 them from disclosing such facts to the court or to any poll-Ce Offl'Cer. Accordingly, these crimI'naI Petitions are allowed. `:.: l!TRUE COPYll To, r*' '' 3ti/: E3. PRASADA- R.AaS #`§`€S!STANT REG! TR!&.R. FC .Se::C"ON rJF'FiCER i 1. The Station House officer,`-Kadapa I Town u/G Police StatI'On, Kadapa, YSR Kadapa Distrl'ct 2. One CC to SRI V R REDDY KOWURI, Advocate [opuc] !l 4: [TOo;uo:T:CCc:otospplsBL:CUSpHRYoAsNETcHuRTEoDR:YJf;hdv:coautr: i:pAUn::ra pradesh 5. One spare copy ¢ PSR 1. \ -\ . ,-!' . I - . ) . ~= I+ -I i ..'\ coir-`._`.1:..`. HIGH COURT KSR,J DATED..10/04/2025 BAIL ORDER CRIMINAL PETITION Mos: 1665 a 1682 of 2025 ALLOWED