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2025 DAILYLAW 44855 (AP)

VULLA CHINNA RAO v. THE STATE OF ANDHRA PRADESH

CRLP/4205/2025 · 2025-04-29

T Mallikarjuna Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMAR ~7 WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO apt+in¥hft CRIMINAL PETITION-NO: 4205 OF 2025 Between : 1. Vulla Chinna Rao, S/o. Narsinga Rao, aged about 30 years, R/o. Nere']avalasa Village, NidI-gat±u Panchayat, Bheeml-lI' MandaI, Now residl'ng at y.s.R. Colony, backside of s.c. colony vemulavalasa Village, Anandapuram MandaIF'',<n-V!';oaakhapatnam District, A.P. i a_ - 2. Guddala Mounika, w/o. vulla '6fh`ihna Rao, aged about 20 years, R/o. y.s.R. Colony, backside of s-.c. colony, vemulavalasa Village, Anandapuram MandaI, Visak~fiarfub`actri'ain Dl-strict, A. P " I..Petitioners/Accused No.1, 2 •'i_=A;.fuD - The State of Andhra pradesh, Rep by its public prosecutor, High Court ofAndhra Pradesh. a ,z` -I ^- _.I-il.li H |Respondent S .r \ petition under sectI'OnS 437 a 43'9~of Cr.P.C and Under Sections 480 & 483 of BNSS, praying that in the cI'rCrimStanCeS Stated in the memorandum '``| of grounds fl'led in support of the crifini`hal petition, the High Court may be pleased to enlarge the petitioners/Ac6fusetd No.1, 2 on bail pending disposal of crime No. 93/2025 of BheemunI'Patnam P.S., Visakhapatnam District. The Petition coming on for hiear!+ng, upon perusing the petition and the memorandum of grounds filed in support thereof and upon hearI-ng the arguments of SRI GOLLAPALLI MAHESWARA RAO Advocate for the petitioners, and of PUBLIC PROSECIJTOR, for the Respondent; b/_ [!-E.I..H [3369] WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE I MALLIKARJUNA RAO CRIMINAL PETITION NO: 4205/2025 Between: vulla chinna Rao and Others .HPETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT counsel for the petitioner/accused(S): 1. GOLLAPALLI MAHESWARA RAO counsel for the Respondent/comPlainant: 1.PUBLIC PROSECUTOR The Court made the following: ORDER: 1. This is the Criminal Petition filed by petitioners/Al and A2, who are husband and wife, under see.480 and 483 of Bharatiya Nagarik Suraksha sanhita, 2023 (for short, IBNSS') seeking regular bail in Cr.No.93/2025 of Bheemunipatnam Police Station, Visakhapatnam Commissionerate, registered for the offences punishable u/secs:194 of Bharatiya Nyaya sanhita, 2023 (for short, [BNSJ). 2. The Prosecution's case, in brief, |lSthatthe deceased Mot'l Appanna is Astrologer and he iS father Of defaCtO COmPlainant. He had two sons and two daughters. on o9.02.2025 a{ 9.00 am, he started at his house saying that he will go tQsAnandapuram for the Purpose Of telling astrology. Q*- =f 4 i Later afternoon at 3.00 pni vyhen he called his son {O his mobile numberJ it was switched off and even after 10.15 pm he did not return tO his house and on that on 10.02.2O25 defacto complainant lodged a report tO POliCe. on 18,02.2025 some unknown persons informed that some unknown person took away his father at about ll.OO am and he noticed some rudraksha beads garland, red beads garland, yellow beads garland with half burnt Kanaka durga devi image seems to b6 wore by his father in a site with compound wall at Kapuluppada kallalu near Chilukuri layout and to a distance found skull, one leg bone without skin, another half leg bone without skin, another leg bone was out of the compound wall and after some distance by the side of smaH stream (gedda) spinal Card in blackish colour found lying. The beads and Kanakadurga image found at the incident place are seems to be worn` by his father and he is suspecting that the half burnt beads are to be his father. During the course Of investigation, the accused were arrested on 20.02.2O25 and basing on their confession, section of law was altered to Section 103(1), 238 r/w 3(5) of B.N.S' 3| Learned Counsel forthe petitioners submitthatthe petitioners have been in judicial custody from 20.02.2025 and by this time most Of the investigation might have been completed and the 2nd'petitioner iS being a lady and wife of Al is also languishing in jail from 20.02.2025 and prays to enlarge them on bail. 4- Learned Assistant Public Prosecutor submits that investigation in this case is at crucial stage and some more witnesses are to be examined and prays to dismiss the criminal petition. 5| Considering the grave nature of accusation made against the petitioner/A1, this Court is not inclined to consider the bail application Of petitioner/A1. lt is also submitted by the learned Assistant Public Prosecutor tha`t Al is a rowdy sheeter and there are three antecedents reported against him. I . \.-= 6. Considering the fact that A2`is a woman Who iS aged about 20 years, as seen from the record, according {o the case of the prosecution, she aided Al in screening Of the evidence, This Court feels that as most of the investigation might have been completed regarding the role played by the A2, her further detention iS not required and the release Of the 2nd petitioner/A2 do not have any effect On the investigation, this Court is inclined to consider the bail application of A2. 7. Considering the facts and Circumstances Of the Case, this Court is incl'lned to grant bail to the 2nd petitioner/A2 with some conditions. (a) The 2nd Petitioner/A2 shall be released On bail On her executing a personal bond for Rs.50,000/- (Rupees fifty Thousand Only) With two (02) sureties for a like Sum each tO the satisfaction of the learned XI Additional District and sessions Judge, Visakhapatnam; (b) on release, the petitioner/A2 sha" appear before the Investigating officer concerned whenever her presence is required; (c) The 2nd petitioner Shall not directly Or indirectly contact Or threaten the witnesses under any circumstances and any such attempt shall be construed aS an attempt Of influencing the witnesses and shall not tamper evidence and shall cooperate with the investigation. (d) The criminal Petition in respect Of lst petitioner/A1 'ls dismissed. Accordingly, the Criminal Petition is a//oWeC, ,'n Part. Miscellaneous applications Pending, if any, Shall Stand Closed. __A .I / -` -dryict //TRuE COPY// :a;:£.iRR44u;(/ oFFicEF€ For ASSIS lh.` Toll. The Special Sessions Ju-'dge for Trial of Cases under SC & ST (POA) Act-Gum-XI Additional I District & Sessions Judge, Visakhapatnam, I Visakhapatnam DistrI-Ct I 2. The Superintendent, central Jail, Visakhapatnam, Visakhapatnam District 3. The Station House O-fflcer, Bheemunipatnam Police Station, Visakhapatnam District 4. One CC to SRl. 'GOLLAPALLI MAHESWARA RAO Advocate [OPUC] I 5. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT] 6. One spare copy PSR .. :```J` Z.-` :--` j' I ={\ _ -i-_. HIGH COURT TMR,J DATED : 30/04/2025 BAIL ORDER CRLP.Nol4205 of 2025 I.. PARTLY ALLOWED -±p€c!A£ a_a? •3 0 Am 20as\ ..!,