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2025 DAILYLAW 44810 (AP)

Mangampeta Nagaraja Achari (MPTC) (A-20) v. The State of Andhra Pradesh

CRLP/7319/2024 · 2025-04-24

T Mallikarjuna Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

. f IN THE HIGH COURT OF ANDHRA PRADESH AT AMAR>^ ( FRIDAY. THE TWENTY FIFTH DAY OF APRIL | TWO THOUSAND AND TWENTY FIVE | :PRESENT: HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO^ CRIMINAL PETITION Nos: 5537, 5584, 7318 and 7319 of 2024 Criminal Petition No.5537 of 2024 Between.- 1. K. Sainath Sharma, S/o.Rajasekharam Aged about 54 R/o.Ramapuram Village Kamalapuram Mandal, YSR Kadapa Andhra Pradesh years, District 2. K.Manikanta Sharma @ Pandu, S/o.Sainath Sarma Aged years, R/o.Ramapuram Village Kamalapuram Mandal, YSR Kadapa District Andhra Pradesh about 23 ...Petitioners/A-1 &A-2 AND The State of Andhra Pradesh, Rep.by public prosecutor High Court, Amaravathi ...Respondent 438 of Cr.P.C, praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased Station House Officer, Kamalapuram Police Station, Andhra Pradesh to release the petitioners connection with Crime No.41/2024 of Kamalapuram Kadapa District. Petition under Section 482 of BNSS/ Under Section to direct the YSR Kadapa District, on bail in the event of their arrest in Police Station, YSR The Petition coming on for hearing, upon perusing the Petition and memorandum of grounds fiied in support thereof and upon hearing the arguments of SRI D KODANDARAMI REDDY Advocate and of PUBLIC PROSECUTOR, for the Respondent; the for the Petitioners CRIMINAL PETITION NO: 5584 OF 2024: Between: 1. Sri Gundam Venkateswara Reddy, s/o Chandra sekhar reddy Aged about 34 years, -A3 2. Sri Basireddy Maheswara Reddy, s/o sambasiva reddy aged about 49 years. Both are residents Kondayapalle village kamalapuram kadapa district A-4 3. Sri Kalluru Janardhan Reddy, s/o Venkatanarayana reddy aged about 46 Years, jangampalle village kamalapuram mandal kadapa district AS 4. Sri Basiredy Krishna reddy, s/o sambasiva reddy aged about 63 years, resident of Kondayapalle village kamalapuram kadapa district ...Accused/Petitioners AND The State of Andhra Pradesh, Rep.by public prosecutor High Court Amaravathi ...Respondent Petition under Section 482 of BNSS/ Under Section 438 of Cr.P.C, praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to direct the Station House Officer, Kamalapuram Police Station, Kadapa District, Andhra Pradesh to release the petitioners on bail in the event of their arrest in connection with Crime No.41/2^ of Kamalapuram Police Station, Kadapa District. ' The Petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of SRI S S BHATT Advocate for the Petitioners, and of PUBLIC PROSECUTOR, for the Respondent; CRIMINAL PETITION NO: 7318 OF 2024: Between: 1. Koppala Baya Krishna Reddy(A11), S/o.Jogi Reddy, aged about 29 years Occ Cultivation, R/o.Adavicherlopalli Village Kommaddi Post, Veerapunayunipalli Mandal YSR Kadapa District, Andhra Pradesh 2. Nagella Karunakar Reddy (A-12), S/o.N.Eswar Reddy, aged about 31 years Occ-Cultivation, R/b.D.No.2/56, Kommaddi Village And Post Veerapunayunipalli Mandal, YSR Kadapa District Andhra Pradesh 3. Rudra Sivananda Reddy (A-14), S/o.Chinna Gangi Reddy Aged about 38 years, Occ.Cultivation R/o.D.No.9/76, Busireddipalli Village And Post Veerapunayunipalli Mandal YSR Kadapa District, A 4. Guggulla Diwakar Reddy (A-15), S/o.Uttama Reddy @ Utham Reddy Occ-Cultivation Aged about 33 R/o.D.No.6/333, Near Government Hospital Maruthi Nagar, Veerapunayunipalli Village And Mandal YSR Kadapa District, Andhra Pradesh years. 5. Katasani Lakshmi Reddy (A-17), S/o.Siva Sankar Reddy Aged about 31 years, Occ-Cultivation R/o.D.No.7/25, Pochemreddipalli Village Busireddipalli Post, Veerapunayunipalli Mandal YSR Kadapa District, Andhra Pradesh 6. Kondreddi Bhargav Reddy (A-18), S/o.Chandra Sekhar Reddy Aged about 30 years, Occ-Cultivation R/o.D.No.1/37, Pochamreddipalli Village Businreddipalli Post, Veerapunayunipalli Mandal YSR Kadapa District, AP ...Petitioners/A-11, A-12, A-14, A-15, A-17, & A-18^ AND The State of Andhra Pradesh, Rep.by public prosecutor High Court, Amaravathi ...Respondent Petition under Section 482 of BNSS/ Under Section 438 of Cr.P.C, praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to direct the station house officer, Kamalapuram Police Station, YSR Kadapa District, AP to release the petitioners on bail in the event of their arrest in connection with Crime No.41/2024 of Kamalapuram Police Station, YSR Kadapa District. The Petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of SRI D KODANDARAMI REDDY Advocate for the Petitioners, and of PUBLIC PROSECUTOR, for the Respondent; CRIMINAL PETITION NO: 7319 OF 2024 : Between: Mangampeta Nagaraja Achari (MPTC) (A-20), S/o.Pedda Subbarayudu 49 years Pedda Cheppali Village of Kamalapuram Mandal District, Andhra Pradesh aged YSR Kadapa ...Petitioner/A-20 AND Rep.by public prosecutor High Court, The State of Andhra Pradesh, Amaravathi ...Respondent Petition under Section 438 of Cr.P.C/ Under Section 482 of BNSS praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to direct the station house officer, Kamalapuram Police Station, YSR Kadapa District, AP to release the Petitioner/A-20 on bail in the event of his arrest in connection with Crime No.41/2024 of Kamalapuram Police Station, YSR Kadapa District. The Petition memorandum of grounds filed in support thereof and upon hearing the arguments of SRI D KODANDARAMI REDDY Advocate for the Petitioner, and of PUBLIC PROSECUTOR, for the Respondent, coming on for hearing, upon perusing the Petition and the the Court made the following 2 CRIMINAL PETITION NO: 7319/2024 Between: Mangampeta Nagaraja Achari (mptc) (a-20) AND ...PETITIONER/ACCUSED ...RESPONDENT/COMPLAINANT The State Of Andhra Pradesh Counsel for the Petitioner/accused: 1.D KODANDARAMl REDDY Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: COMMON ORDER: Criminal Petition no.5537 of 2024 is filed by A1 and A2: Criminal Petition no.5584 of 2024 is filed by A3 to A5 and AS; Criminal Petition No.7318 of 2024 is filed by A11, A12, A14, A15. A17 and A18; Criminal Petition no.7319 of 2024 is filed by A20, u/Sec.482 of B.N.S.S. have been filed seeking anticipatory bail in Cr.No.41/2024 of Kamalapur Police Station, YSR Kadapa District. 2. As all the criminal petitions arise out of same crime, all the criminal petitions are being disposed of with a common order. The above said crime was registered against the petitioners preliminarily for the offence punishable u/Sec.365, 341, 323, 506 r/w 34 IPC and later section of law was altered to Secs.364, 307, 324, 353, 341, 323, 506 r/w 34 IPC. The case of the prosecution is as follows; On 10.3.2024 at about 10.00 am, while the defacto complainant along with her husband were proceeding to purchase vegetables at Pedda Cheppali village of Kamalapuram Mandal, then A1 along with his 3. 4. 3 followers caught hold the husband of defacto complainant by name Pachipala Vijaya Bhaskar Reddy and grabbed him and beat him and then forcibly boarded him in their car and left the scene of offence. The allegation of the defacto complainant is that this incident is happened as A1 developed grudge against the husband of the defacto complainant by keeping previous issues in mind. Basing on the complaint, this case was registered against A1 to A8 in Cr.No.41/2024 of Kamalapuram police station initially for the offence under Sec.365, 341, 323, 506 r/w 34 IPC and later altered section of law to Sec.364, 307, 324, 353, 341, 323, 506 r/w 34 IPC. Learned counsel for the petitioners contended that initially 5. investigating officer had issued Section 41-A Cr.P.C. notice to the petitioners. Subsequently, Section 307 IPC was included and the petitioners have approached this Court with these anticipatory bail applications. This Court has given interim direction to the petitioners from 24.8.2024 to this day and prays to grant anticipatory bail to the petitioners. On the other hand, learned Assistant Public Prosecutor submitted 6. that the defacto complainant/victim was discharged from the hospital and there is no threat to his life. But opposed to grant anticipatory bail. Heard both sides. 7. Perused the entire material on record. 8. 4 9. It is the case of the prosecution that the incident took place 10.3.2024 and by this time most of the investigation might have been completed. The petitioners had permanent abode at Kadapa, as such there is no possibility of their fleeing away from the jurisdiction of the Court and granting of anticipatory bail to the petitioners would not hampering of investigation and tampering of evidence as the crime was registered on 10.3.2024. orf cause When ascertained, learned Assistant Public Prosecutor submitted that there are four antecedents registered against A5 and seven antecedents registered against A1. It appears from the record, that the injuries sustained by the victim are shown to be simple in It seems that there were political differences between the petitioners and the defacto complainant group. In view of the same, this Court is inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners in all the four criminal petitions directed to surrender before the concerned police station within a period of two (02) weeks from the date of receipt of a copy of this order and on their surrender, they shall be released on bail on their executing a personal bond for a sum of Rs.20,000/- (Rupees twenty thousand only) each with two sureties for a like sum each to the satisfaction of the arresting police officials and the petitioners/AI and A5 only shall attend before the investigating officer once in a week in between 10.00 am and 1.00 pm for a period of three (03) months and the other nature. 10. are petitioners (except A1 and A5) shall make themselves available for investigation as 5 and when required and all the petitioners/accused shall not cause any threat, inducement or promise to the prosecution witnesses. Accordingly, all the four Criminal Petitions are allowed. 11. SDI- K. KASIRAO ACHARI assistan/re^istrar //TRUE COPY/ SECTION OFFICER To. 1. The Station House Officer. Kamalapuram Police Station, YSR Kadapa District 2. One CC to SRI. D KODANDARAMi REDDY Advocate [OPUC] 3. One CC to SRI S S BHATT, Advocate [OPUC] 4. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT] 5. One spare copy PSR HIGH COURT TMR,J DATED:25/04/2025 ANTICIPATORY BAIL ORDER CRIMINAL PETITION Nos: 5537, 5584, 7318 and 7319 of 2024 ALLOWED O ^ o o m Oft a: €o -ly