Thopudurthi Prakash Reddy, v. The State of Andhra Pradesh,
CRLP/4875/2025 · 2025-05-04
T Mallikarjuna Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 47625 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 47625 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
r,^ % IN THE HIGH COURT OF ANDHRA PRADESH :: AMAR &5i MONDAY. THEpFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRE^NT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 4875 OF 2025 wm •sit. Between : Thopudurthi Prakash Reddy, S/o Thopudurthy Athma Rama Aged 52 years, R/o D.No.»1t44, Thopudurthy Athmakur Ananthapuramu, Andhra Pradesh 515641. Reddy, mandal. ...PETITIONER/ACCUSED AND
1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, Court of A.P., Amaravati High ...Respondent / Respondent
2. Talari Narendra Kumar, S/o T. Narasimhulu Constable, Puttaparthi Rural Police Station, Sri Satya Sai District Andhra Pradesh. Aged 43 years. Police :l\. y'.
RESPONDENT/ Defacto COMPLAINANT Petition under Section 4^; of BNSS 2023/438 of Cr.P. that in the circumstances stated C praying in the Memorandum of Grounds of Criminal Petition, the High Court Petitioner / Accused may be pleased to enlarge the on Anticipatory Ball in the event of his arrest in
I Crime No.14 of 2025 offences pUmshable under Sec 221, 223, 126(2) 121(1), 132, 54, 351(2) r/w 3(5) BNS., I.A. NO: 1 OF 2025 j Petition under Section 482(1) and 528 of BNSS of 2023 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant interim anticipatory bail to the Petitioner/Accused in Crime No. 14 of 2025 of I - Town Police Station, Ramagirirpolice Station, Sri Satya Sai District for the offences punishable unde^r;§ec 221, 223, 126(2), 121(1) 351(2) r/w 3(5) BNS in the event of arrest. 132, 54, j This Petition coming ons for hearing Memorandum of Grounds of Criminal Petition upon perusing the and upon hearing the
arguments of Sri M. Bala Krishfiaf Advocate for the Petitioner and thd Public Prosecutor (TG/AP) on behaiTof the Respondent No.1 ; j ■ 'I The Court made the following: '?'2 -a ■' 'i
1 APHC010231242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 4875/2025 Between: Thopudurthi Prakash Reddy ..PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused:
1.M BALA KRISHNA Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR The Court made the following ORDER: This Criminal Petition is filed by the petitioner/accused under section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) seeking to grant anticipatory bail in Cr.No.14 of 2025 of Ramagiri Police Station, Sri Sathya Sai District, for the alleged offences under sections 221, 223, 126(2), 121(1), 132, 54, 351(2) r/w 3(5) Of Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS’).
1. The prosecution’s case, in brief, is that on 08.04.2025, at approximately 10:30 AM, during the visit of Ex-CM, Shri Y.S. Jagan Mohan Reddy to Papireddypalle village, an incident occurred at a helipad near Kuntimaddi
2.
2 village, Ramagiri Mandal. Talari Narendra Kumar, a 43-year-old police constable assigned security duty, reported an assault and obstruction of government duties by followers of accused (Ex-MLA Thopudurthi Prakash Reddy). On 07.04.2025, the complainant and other officers were briefed about their duties, including setting up security at the helipad. Despite issues with barricades, the DSP directed the constables to secure the area. On the morning of 08.04.2025, inadequately set barricades were pointed out, and instructions were given to prevent unauthorized access. When the accused arrived, his followers, defying police orders, pushed through the barricades and assaulted officers, including the complainant. The complainant was injured but continued to protect the WIP. After the visit, the helicopter’s windshield was damaged, and the VIP had to return by road. A complaint was filed against the accused and his followers for assaulting police, obstructing duty, disobeying instructions, and inciting violence. I have heard Sri K. Sri ram, learned senior counsel appearing for the petitioner and Sri M. Lakshmi Narayana, learned Public Prosecutor representing the Respondent - State. Both the learned counsel reiterated their
submissions on par with the contentions presented in the petition as well as in the report.
3. The learned Senior Counsel for the petitioner submits that the offences alleged against the petitioner are punishable with imprisonmentfor a term less than seven years. Hence, the petitioner is entitled to the benefit of notice under Section 35(3) of the BNSS (corresponding to Section 41A of the Code of Criminal Procedure), scrupulously as per the guidelines enunciated by the Hon’ble Supreme Court in Arnesh Kumar V. State of Bihar and another^.
4.
5. The learned Public Prosecutor representing the Respondent-State opposed the grant of such benefit, contending that the petitioner has not been (2014) 8 see 273
3 cooperating with the investigation and, therefore, is not entitled to the relief sought under Section 35(3) of the BNSS.
6. The learned senior counsel for the petitioner, however, undertakes that the petitioner shall fully cooperate with the investigation. It is further submitted that in the event of any non-cooperation on the part of the petitioner, the Respondent-State may proceed in accordance with law and take appropriate action.
7. In light of the submissions advanced by both parties, the Respondent- State is directed to issue notice to the petitioner under Section 35(3) of the BNSS. The petitioner is accordingly directed to comply with the terms of such notice and follow the procedure prescribed therein. In the event of any non- compliance on the part of the petitioner, the Respondent-State shall be at liberty to initiate appropriate proceedings in accordance with law. Accordingly, the criminal petition stands disposed of.
8. Miscellaneous applications pending, if any, shall stand closed.
Sd/- A. VENU GOPAL RAO ASSISTANT REGISTRAR //TRUECOPY// SECTION OFFICER 1 To
1. The Station House Officer, 1 Town P.S., Ramagiri Police Station, Sri Satya Sai District.
2. One CC to Sri M. Bala Krishna! Advocate [OPUC]
3. Two CC copies to the Public Prosecutor, High Court of A.P., [OUT]
4. Three CD Copies SRm ssb
HIGH COURT f-. DATED:05/05/2025
ORDER r- CRLP.No.4875 of 2025 Disposing of the criminal petition