Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 45871 (AP)

SALIVENDRA SUNIL BABU @ SUNIL v. THE STATE OF ANDHRA PRADESH

CRLP/4221/2025 · 2025-05-04

T Mallikarjuna Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

X IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE :PRESENT: HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 4221 OF 2025 Between: Salivendra Sunil Babu @ Sunil, S/o. Vital Rao, aged about 40 years, R/o. SC Colony, Velagapudi Village, ThulluruMandal, Guntur District. ... Petitioner/A37 AND The State of Andhra Pradesh, through the SHO, Thulluru P.S. Guntur District rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. .. .Respondent/State Petition under Section 482 of BNSS is filed praying that in the circumstances stated in the memorandum of grounds filed in support of the CriminalPetition, the High Court may .be pleased to direct the respondent- police to enlarge the petitioner on bail in the event of their arrest in connection with the case in in Cr.No.390 of 2020 on the file of the SHO, Thulluru P.S., r f Guntur District which was registered for the alleged offences under sections 120(B), 147,148, 302, 324, 326,109 R/w 149 IPC in the interest of justice. \ lA NO: 1 OF 2025 Petition under Section 528 of BNSS/482 OF Cr.P.C. is filed praying that in the circumstances stated in the memorandum of grounds filed in support of the petition, the High Court may be pleased to direct the respondent-police not arrest the petitioner in connection with the case in Cr.No.390 of 2020 on the file of the SHO, Thulluru P.S., Guntur District in the interest of justice. Pending disposal of CRLP 4221 of 2025, on the file of the High Court. 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 G L NAGESWAR RAO Advocate for the Petitioner, and of PUBLIC PROSECUTOR for the Respondent, the Court made the following ORDER: APHC010201062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY. THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE •I [3369] PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO rpiMlMAL PETITION NO: 4221 OF 2025 Between: ...PETITIONER/ACCUSED Salivendra Sunil Babu @ Sunil AND ...RESPONDENT/COMPLAINANT The State Of Andhra Pradesh Counsel for the Petitioner/accused: 1.G L NAGESWAR RAO Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following: ORDER: This Criminal Petition, u/Sec.482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/A37, seeking anticipatory bail, in Crime No.390/2020 of Thulluru Police Station, Guntur District. A case has been registered against the petitioner and others for the offences punishable u/Secs.147, 148, 302, 324, 109 r/w 149 of the Indian 2. Penal Code. 2 3. Heard learned counsel for the petitioner and Public Prosecutor representing the respondent/State. the learned Assistant 4. Case of the prosecution, in brief, is that, this i followed by abatement, IS a case of murder rioting and armed with deadly pm, 100 members of Madiga community with the abetment of Nandigama Suresh, MP, Bapatia, formed unlawful assembly with deadly weapons at Velagapudi Village on 27.12.2020 at 9.30 weapons and stones attacked The followers of Nandigama a plan to get rid of some of the people in on Malapalle and murdered his mother. Suresh, MP, Bapatia, prepared Malapalle. As per their plan on 24.12.2020, the followers of Nandiga m Suresh, MP, Bapatia, entered into Malapalle by informing to construct Arch in the name and style of 'Babu Jagjeevana Rao’ without taking any Since then, the followers permissions from the Government. of Nandigama Suresh, MP, Bapatia, is waiting for opportunity and on the same day Nandigama Suresh, MP, Bapatia, abated his followers by axes, knives, iron way, they mother of the complainant got caused the followers of Nandigama Suresh, out of those 100 were identified and hence the present FIR. giving money and liquor and prepared his followers with rods and insisted to attack on Malapalle and in the same attacked Malapalle. In that attack, the severe bleeding, head injury and some others of Malapalle bleeding injuries. After the attack MP, Bapatia, gave slogans as “MP Suresh Jindabad members, 36 members 3 Heard. Perused the record. Learned counsel for the petitioner submits that the petitioner is working as constable in Mangalagiri Police Station and he was not involved in the crime and his name was not arrayed as accused in the FIR but was arrayed as Accused No.37 in the charge sheet. Learned Assistant Public Prosecutor submits that investigation is completed and charge sheet is also filed. This Court finds, in view of the employment of the petitioner constable, if he is arrested, it affects his job and prospects and investigation is completed and charge sheet is filed in this crime, custodial interrogation of the petitioner is not at all required. In view of the same, this Court is inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner/A37 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/A37 shall be released on bail on his executing a personal bond for a sum of Rs.10,000/- (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 as and when his presence is required. 7. 8. as as 9. r 4 Accordingly, the Criminal Petition is allowed. 10. SD/-B.CHITTI JOSEPH ASSISTANT TRAR SECTION OFFICER //TRUE COPY// For To 1. The Station House Officer, Thulluru P.S., Guntur District. 2. One CC to SRI. G L NAGESWAR RAO, Advocate [OPUC] 3. Two CCS to PUBLIC PROSECUTOR, High Court of Andhra Pradesh. [OUT] 4. One spare copy KN !i-. HIGH COURT TMR,J DATED:05/05/2025 ORDER CRLP.No.4221 of 2025 ALLOWED •/M ■