Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 48889 (AP)

Mudavathu Hanuma Naik, v. The State of Andhra Pradesh,

CRLP/4247/2025 · 2025-05-05

T Mallikarjuna Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARi^ TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO--^ CRIMINAL PETITION NO: 4247 OF 2025 & w o Between: 1. Mudavathu Hanuma Naik, S/o Ichia Naik, Aged about 38 Years. R/o Kesavavari Peta Thanda, Perurupadu Village, Bollapalli Mandal, Guntur District. 2. Mudhavathu Babu Naik, S/o Balu Naik, Aged about 36Years, R/o D.No.2-66, Nehrunagar Thanda, Kanumalacheruvu village, Bollapalli Mandal, Guntur District. ...Petitioners/A3 & A4 AND The State of Andhra Pradesh, S.H.O, Tangutur P.S, Prakasam District, Rep. by its Public Prosecutor, High Court of Andhra Pradesh Amaravati. at ...Respondent/Complainant Petition under Section 482 of BNSS praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioners on bail, in the event of their arrest, in connection with FIR No.86/2025 of Tangutur P.S. Prakasam District dated 14-04-2025. 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 SASANKA BHUVANAGIRI Advocate for the Petitioners,^ and of PUBLIC PROSECUTOR, for the Respondent, the Court following made the THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 4247 of 2025 ORDER:- The Criminal Petition, under Section 482 of the BNSS, is filed on behalf of the petitioners herein/A3 and A4 to grant anticipatory bail in connection with Crime No.86 of 2025 of Tangutur Police Station, Prakasam District. 2. The above said crime was registered against the petitioners and others for the offence punishable under Section 307 of the BNS. 3. Brief facts of the case are that on 14.04.2025, the defacto complainant filed a report with the police stating that he has been working as a lorry driver for the past six years. On the night of 13.04.2025, he parked his lorry near the union office at T. Naidupalem and fell asleep in the lorry cabin. At around 03:00 hours, he was awakened by a noise and stepped out of the lorry. He observed four unknown individuals attempting to remove the oil tank cap. When he shouted, two of the unknown offenders threatened him with iron rods and warned him to stay quiet. Fearing for his life, he returned to the cabin and remained inside. Upon waking up at around 06:00 hours, he discovered that approximately 100 liters of diesel had been stolen from his lorry. 2 4. Heard. Perused the record. 5. Learned counsel for the petitioners submits that basing on the confessional statement of A1 and A2, the petitioners herein is arrayed as accused and the stolen property was not seized from the possession of the petitioners herein. 6. On the other hand, learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioners herein. He further submits that the petitioners have no previous criminal antecedents. 7. As seen from the record, the stolen property was not recovered from the possession of the petitioners and most of the investigation in the present crime is completed and granting of anticipatory bail to the petitioners would not cause hampering of investigation, it is submitted that the petitioners herein had permanent abode and there is no possibility of their fleeing away from the justice and hence, this Court is inclined to grant anticipatory bail to the petitioners herein, on the following conditions: (i) The petitioners/A3 and A4 are directed to surrender before the Station House Officer concerned, within a period of two (2) weeks from the date of receipt of a copy of this order. On such surrender, the petitioners/A3 and A4 are 3 ordered to be enlarged on bail on their executing a personal bond for Rs. 10,000/- (Rupees ten thousand only) each with two sureties for the like sum to the satisfaction of the Station House Officer concerned. (ii) On release, the petitioners shall appear before the Station House Officer, concerned, once in a week i.e. every Wednesday between 10.00 AM and 01.00 PM for a period of three (3) months, (iii) The petitioners shall make themselves available for investigation as and when required and that they shall not cause any threat, inducement or promise to the prosecution witnesses. on 8. Accordingly, the Criminal Petition is allowed. SD/-SK MD RAFI assistant^dlSTRAR SECTIOIsfe^lCER //TRUE COPY// F. To. 9 Officer, Tangutur Police Station 2. One CC to SRI. SASANKA BHUVANAGIRI PUBLIC PROSECUTOR, 4. One spare copy Prakasam District Advocate [OPUC] High Court of Andhra Pradesh PSR HIGH COURT TMR,J DATED:06/05/2025 anticipatory bail order CRLP.No.4247 of 2025 allowed ^5 O c o I (-B / o