SRI KOVIRI SHANAMUKHA SHIVA KUMAR v. THE STATE OF ANDHRA PRADESH
CRLP/3578/2025 · 2025-05-05
T Mallikarjuna Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 49090 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 49090 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE SIXTH DAY OF MAY, TWO THOUSAND AND TWENTY FIVE iPRESENT:
HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3578 OF 2025 Between: Sri KoviriShanamukha Shiva Kumar, S/o K. Ganga RajuH.No. 11-138/a, Appikonda, Gajuwaka, Peddagantyada, Visakhapatnam-530044. ...Petitioner/ Petitioner AND The State of Andhra Pradesh, Rep by its Public Prosecutor High Court Buildings, High Court of A.P. at Amaravathi. (Through S.H.O., Duvvada Police Station, Visakhapatanm City) ... Respondent/Respondent Petition under Section 482of 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 to enlarge the petitioner on Anticipatory Bail in the event of petitioner’s arrest in connection with F.I.R.No. 91 of 2025 dated 03-03-2025 on the file of S.H.O. Duvvada P.S., Visakhapatnam City. The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and the order of the High Court dated 16.04.2025, 22.04.2025 & 29.04.2025 made herein and upon hearing the arguments of Sri Singuru Sai Krishna, Advocate for the Petitioner, and of Public Prosecutor for the Respondent, and the Court made the following;
* IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3578/2025
Order: The Criminal Petition, u/Sec.482 of B.N.S.S is filed on behalf of the petitioner/accused No.2 to grant anticipatory bail in connection with Crime No.91/2025 of Duvvada Police Station.
2. A case has been registered against the petitioner/accused No.2 herein and others for the offences punishable under Sections 109, 351(2) r/w 3(5) of Bharathiya Nyaya Sanhitha(BNS). The brief facts of the case are that on 02.03.2025 at about 1.00 p.m., in the night while the complainant along with his younger son sat outside their house, A1 came to their house and questioned him about his elder son Sivaji informing him that Shivaji beat the petitioner while the petitioner was quarreling with E.O. during the meeting held on the eve of Sivarathri. A1 threatened to kill the elder son of complainant since the petitioner/A2 lost reputation in view of the beating, A1 took out a knife and tried to enter the house and when the complainant and his son tried to restrain him, the complainant was attacked with knife and thereby received a cut injury to his left shoulder. A1
3.
iff- 2 also informed that he would receive an amount of Rs.30,00,000/- from the petitioner/A2 if he killed his son. The learned counsel for the petitioner submits that A1 was already granted bail as per the orders in Crl.M.P.No.26 of 2025 on the file of the XIII Additional District and Sessions Judge’s Court, Gajuwaka. The allegations against the petitioner/A2 are that A1 attacked the de facto complainant with a knife and that A1 informed the complainant that he would receive an amount of Rs. 30,00,000/- from the petitioner/A2 if he killed his According to the prosecution’s case, except for the statement of the de facto complainant, no other independent material has been collected to show the involvement of the petitioner in the commission of the offence. The
learned counsel for the petitioner further submits that the petitioner has a permanent abode in Gajuwaka, Visakhapatnam, and there is no possibility of his fleeing the jurisdiction of the court.
4. son.
5. The learned Assistant Public Prosecutor, while opposing the prayer of the petitioner, submits that the investigation is not complete. Upon inquiry, the learned Assistant Public Prosecutor confirmed that the petitioner has no criminal antecedents.
6. In view of the facts and circumstances of the case, as A1 has already been granted bail, this Court is of the opinion that the release of the petitioner/A2 would not hinder the investigation or tamper with the witnesses. Therefore, this Court is inclined to grant anticipatory bail to the petitioner/Accused No. 2, subject to the following conditions; *
M 3 The petitioner/accused No.2 is
directed to surrender before the Station House Officer concerned within two (2) weeks from today and on such surrender, the petitioner/accused No.2 shall be released on bail on his executing a personal bond for a sum of Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the arresting police officials. After release, the petitioner shall appear before the Station House Officer concerned as and when his presence is required. The petitioner is
directed not to hamper the investigation and tamper with the prosecution witnesses and he shall cooperate with the investigation.
7. Accordingly, the Criminal Petition is allowed. SD/-B.CHITTIJOSEPH ASSISTANT ISTRAR //TRUE COPY// SECTION OFFICER Fo ^ To,
1. The S.H.O., Duvvada Police Station, Visakhapatanm City.
2. One CO to SRI. SINGURU SAI KRISHNA, Advocate [OPUC]
3. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh. [OUT]
4. One spare copy
\1 -"'A HIGH COURT TMR,J DATED: 06.05.2025 BAIL ORDER CRLP.No.3578 of 2025 ALLOWED