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2025 DAILYLAW 48132 (AP)

Gurunadham Ramesh v. The State of Andhra Pradesh

CRLP/12273/2025 · 2025-12-02

Y Lakshmana Rao

body2025

Judgment text

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APHC010635652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY,THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 12273/2025 Between: GURUNADHAM RAMESH, S/O. LATE CHINNA KONDAIAH ALIAS KONDAIAH VENKATAIAH, AGED 40 YEARS,R/O. YANDHI SANGAM, PONNALURU VILLAGE MANDAL PRAKASAM DISTRICT. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, rep by its Public Prosecutor,High Court of Andhra Pradesh at Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: NAGA PRAVEEN VANKAYALAPATI Counsel for the Respondent/complainant: PUBLIC PROSECUTOR The Court made the following: 2 Dr.YLR,J Crl.P.No.12273 of 2025 Dated 03.12.2025 ORDER: Criminal Petition has been filed under Sections 480 and 483 of the BharatiyaNagarik Suraksha Sanhita, 2023 (for brevity 8the BNSS9), seeking to enlarge the Petitioner/Accused on bail in Crime No.28 of 2025 of Podalakur Police Station, S.P.S.R Nellore District, registered against the Petitioner/Accusedherein for the offences punishable under Sections 103(1) of the Bharatiya Nyaya Sanhita (for brevity 8the BNS9). 2. Mr.V.Naga Praveen, the learned counsel for the petitioner, submits that the petitioner is innocent and has not committed any offence. He was falsely implicated in this case. He is the sole breadwinner of his family. He has got fixed abode. He would abide by the law if he is released on bail with some conditions. 3. Per contra, Ms. P. Akhila Naidu, the learned Assistant Public Prosecutor, submits that after thorough investigation, charge sheet has been filed. The case against the petitioner is well founded. The petitioner murdered an innocent mute beggar for quenching his unnatural lust.There are eyewitnesses who saw the petitioner following the deceased with a wooden rafter, and CCTV footage was also recorded to that effect, and urged to dismiss the petition. 4. Heard the learned counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record. 5. As seen from the record, based on the report of one Pasupuleti Nagamma, an unnamed beggar was found dead with a head injury in the 3 Dr.YLR,J Crl.P.No.12273 of 2025 Dated 03.12.2025 graveyard located at Sivalayam Temple Street, Podalakur. The case in Crime No.28 of 2025 of Podalakuru Police Station, S.P.S.R. Nellore District was registered for the alleged offence punishable under Section 103(1) of the BNS. After thorough investigation, it was noticed that the petitioner/sole accused followed the deceased with a stick in his hand on 01.03.2025 at about 02:11 hrs. The CCTV footage was downloaded, and in the presence of mediators, the petitioner was identified. In the investigation, it was unearthed that the petitioner, with a wooden rafter in his hand and with an intention to commit unnatural sex on the deceased, followed him to the graveyard located at Sivalayam Temple Street, Podalakur. The petitioner tried to have unnatural sex with the deceased.However, the deceased resisted and revolted against him. The petitioner then beat the deceased with the wooden rafter on his head and face with an intention to kill him. As a result, the deceased sustained bleeding injuries and fell down in the graveyard. The petitioner committed unnatural sexual assault on the deceased. Later, the petitioner again beat the unnamed beggar with the wooden rafter on his head and caused instantaneous death. The accusation is well founded, as seen from the averments of the charge sheet. The Sessions Case vide S.C.No.215 of 2025 on the file of the learned VII Additional District and Sessions Judge, Gudur is pending. The petitioner was arrested on 07.03.2025 and has been in judicial custody for the past 270 days. 4 Dr.YLR,J Crl.P.No.12273 of 2025 Dated 03.12.2025 6. Considering the facts and circumstances of the case, gravity and nature of the allegations levelled against the Petitioner/Accused, this Court is not inclined to grant bail to the Petitioner/Accused. 7. In the result, the Criminal Petition is dismissed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 03.12.2025 PRA 5 Dr.YLR,J Crl.P.No.12273 of 2025 Dated 03.12.2025 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 12273 of 2025 Date: 03.12.2025 PRA