SURADA AVINASH KUMAR v. THE STATE OF ANDHRA PRADESH
CRLP/726/2025 · 2025-02-05
K Sreenivasa Reddy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4661 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4661 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
^utj lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAzSife \^/rl+L||---I \ J _-__ _ __. . , I I Jr||||A WEDNESDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE :PRESENT.- THE HONOURABLE SRI JUSTICE K SREENIVASA REDO CRIMINALPETITION NO.I 726OF2025 / Between.I sri surada Avinash Kumar, s/o Appa Rao, Aged 34 yrs, R/at TF-01, vldyasoudha Apartment, Rajiv Nagar Madhavadhara, vI|Sakhapatnam Petitioner/Accused No.1|J AND The State ofAndhra pradesh, Through the s.H.O., of P.M.,Palem P.S., visakhapatnam Represented by its publI'C Prosecutor HI'gh Court at AmaravathI'. Respondent/complainant ~+ petit_l'on under sectl'ons 480 & 483 of BNSS (Old Sections 437 & 439 of cr.p.c), prayl'ng that in the circumstances stated jn the affidavI't filed in support of the crl'minal petition, the Hl-gh Court may be pleased to Enlarge the petl|tloner/A-1 on Bail in connection wl'th the crI'me No.745/2024 of P.M,, pa[em police Station, vlsakhapatnam by allowing the criminal PetitI-On. ~ The petition coming on for hearing, upon perusing the petI-tjOn and the grounds filed in support thereof and upon hearI'ng the arguments of srI' R SIVA SAI SWARUP, Advocate for the petitioner and of PUBLIC PROSECUTOR for the Respondent and the court made the fo"owl'ng,-.,
I.
THE HON'BLE SRI JUSTICE K. SREENIVASA REDDY CRIMINAL PETITION NO.726 OF 2q2± ORDER : This Criminal Petition, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the Petit-lOner/A1, seeking regular bail, in crime No.745 of 2024 of P.M.Palem Police Station, visakhapatnam Commissionerate. 2. A case has been registered against the Petitioner herein and Others for the offence punishable under sections 109(1 ), 118(1 ), 115(2) r/w 3(5) of the Bharatiya Nyaya Sanhita (for short lthe BNS'). 3. Case of the Prosecution, in brief, iS that, On 24.12.2024, at about 10.30 P.M., while the Hidden Spark Family Restaurant was being Closed, A1, along with other accused, Came and asked tO Serve food. When the defacto complainant 'lnformed them that no food was left to serve, all the accused went into the kitchen of the restaurant and argued, and A1, along with others, attacked the chef and hit him on the head with a beer bottle, causing bleeding injur®IeS. 4. Heard. Perused the record. 5.
A perusal of the material available On record goes tO Show that a quarrel took place between the Petitioner herein and the ViCt'lm because \ -`o I. i= I,---;----
I food had not been served to the petl'tioner at the restaurant. The ~7 petitioner beat the victim wlth a beer bottle on hl's head, causI'ng bleedI'ng inJ'ury. 6. lt l's submI'tted by the learned counsel for the petl-tl'oner that the other accused Ion the present crime have already been granted ba" by the learned sessions Judge, vlsakhapatnam, on the ground that they were not l'nvolved in any other case. lt I-s brought to the notice of this court that the petitioner ,'s l'nvolved l'n sl'x other cases. The learned counsel for the petjtl'oner submits that out of the six cases, four cases ended I-n acquittal. The petitioner/Al was arrested on 25.12.2024, and sI'nCe then he has been in judl|cia' remand. ln the facts and cI|rCumstances of the case, this court feels that any further contl-nued of detentl'on js not necessary. 7. ln vI'eW Of the aforesaid facts and circumstances of the case, thl's court is jncljned to grant ba" to the petl-tioner/Al on the following conditions. D The petjtjoner/Al sha" be released on ba" on his executing personal bond for Rs.25,000/- (Rupees Twenty Five Thousand only) wI-th two suretl'es of the like sum each to the satl-sfaction of the learned XVI AddI-tiOna' Judjcl'al Magistrate of FI|rSt Class, Bheemunipatnam. I f*,~ \
I/ ii) on release, the petitioner sha" appear before the station House offI'Cer COnCerned, every day between 10.00 am and o1.00 pm, tI'" filing of the charge sheet. 8. Accordingly, the criml'naI PetI'tI'On iS allowed. //TRUE COPY// SD/- V.SAVITHRI GOWRl For ASSISTANT REGISTRAR To,
1. The XVI Additional Judicial Magistrate of First Class at Bheemunipatnam. 2. The Sessions Judge, Visakhapatnam. 3. The Superl-ntendent, central prison, visakhapatnam
4. The S.H.O., P.M., Palem Police Station, Visakhapatnam
5. One CC to SRI. R SIVA SAI SWARUP Advocate [OPUC]
6. Two CCs to Public Prosecutor, High Court ofAP [OUT]
7. One spare copy Kj
E!
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HIGH COURT SRK,J DATED..05/02/2025 BAIL ORDER CRLP.No.726 of 2025 ALLOWED -~< 'J-. ` l`!ca._ A FT`rf -.-.:.I:;:_ - .+. +..-:.±-:j{.-in!5 .I_€--- -i----------:-----.:i--;i------::-i--I ----`-:-- try. .