K.P. PRASAD BABU @ PRASAD v. THE STATE OF ANDHRA PRADESH
CRLP/4368/2025 · 2025-05-01
T Mallikarjuna Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 49200 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 49200 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AT FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE :PRESENT:
THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 4368 OF 2025 AMARAV^ o \o Between: Kempanna @ Kempappa, Aged about 37 years, R/o Old SC, Colony- Madakasira Sai District.
2. K.P. Shivashankarappa @ Siva Sankar, (A-2) S/o. K.P. Kempappa 33^01^^^ Town, Sri Satya Hanumanthappa, Aged about 19 A n A 0^^° ° I'^adakasira Town, Sri Satya Sai District
4. G.A. Pavan @ G.T. Pavan, (A5) S/o. G.T. Anjineyulu, Aged about 21 years, R/o Old SC, Colony- Madakasira Town, Sri
5. Praveen S/o Anjinappaa, Aged about 29 years, R/o Old SC (A-6) Colony- Madakasira Town, Sri Satya Sai District
6. R. Anji, S/o. Ramanji, (A-7) Aged about 20 Madakasira Town, Sri Satya Sai District Town, Sri Satya Satya Sai District. years, R/o Old SC, Colony- Petitioners/Accused No.A-1, A-2 A-4 to A-7 AND . The State of Andhra Pradesh Amaravathi. rep by its Public Prosecutor, High Court, ...Respondent/Complainant C«™ «o. ,0.5 on The Petition coming on for hearing, upon perusinq the Petition memorandum of grounds filed in support thereof and
arguments of SRI B RAMESH Advocate for the PROSECUTOR, for the Respohctent; and the upon hearing the Petitioners, and of PUBLIC
APHC010206852025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 4368/2025 Between: K.p. Prasad Babu @ Prasad and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S):
1.B RAMESH Counsel for the Respondent/complainant:
1.PUBLIC PROSECUTOR The Court made the following:
ORDER: This Criminal Petition, u/Sec.480 & 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioners/A1, A2, A4 to A7 seeking bail, in Crime No.39/2025 of Madakasira Police Station, Sri Sathya Sai District.
2. A case has been registered against the petitioners and others for the offence punishable u/Sec.109(1), 118(1), 190 B.N.S.
3. Heard learned counsel for the petitioners and the learned Assistant Public Prosecutor representing the respondent/State.
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4. Case of the prosecution, in brief, is that, on 09.3.2025 at about 9.15 pm at old S.C.Colony, Madakasira, A1 to A9 formed into an unlawful assembly armed with deadly weapons i.e. sticks and stones and picked up an altercation with Thanoj kumar and Prasad, and A1 armed with a stick beat on the forehead of Thanoj Kumar with an intent to murder and caused bleeding injuries. Then A4 beat Sivakumar with a stick and caused bleeding injury below the right elbow, A4 beat Ramesh with a stick and caused bleeding injury on her right wrist, A2, A3, A5, A7 and A9 together beat Thanoj Kumar, Ramesh and Muddamma with stones and sticks and caused swelling and dumb injuries over their bodies with an intent to murder them. Meantime, T.Ramanjaneyulu and his relatives and some others interfered and rescued all the injured from the clutches of the accused and shifted them to Government Hospital, Madakasira for treatment. Basing on the complaint of the defacto complainant/victim, this crime was registered and during the course of investigation, on 10.3.2025, the petitioners were arrested and remanded to judicial custody. Heard. Perused the record.
5.
6.
Learned counsel for the petitioners submit that the petitioners have been in judicial custody from 25.3.2025 and most of the investigation might have been completed and it is a counter case to the crime number 38/2025 and both the accused and the defacto complainant are also involved in the crime no.38/2025 and prays to enlarge the petitioners on bail.
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7. Learned Assistant Public Prosecutor submits that investigation in this case was not completed and that the petitioners have no antecedents and submitted that the Court may pass appropriate orders.
8. After careful observation of the material on record and submissions made on behalf of both sides, it shows that the petitioners have been in judicial custody from 25.3.2025 and investigation is completed.
Learned counsel for the petitioners submit that investigation is completed and it is a counter blast to the case in Crime No.38/2025 and in the said crime, this Court was pleased to enlarge the petitioners on regular bail for which learned Assistant Public Prosecutor submitted that investigation is completed. This Court find that most of the investigation pertaining to the \ role played by the petitioners is completed and further detention of the petitioners is no longer required. The petitioners had permanent abode as such there is no possibility of their fleeing away from the Justice. Learned Assistant Public Prosecutor submitted that the petitioners had no antecedents. The injured was discharged from the hospital.
9. In the result, the Criminal Petition is allowed with the following conditions; (i) The petitioners/A1, A2, A4 to A7 herein shall be released on their executing a personal bond for Rs.20,000/- (Rupees twenty thousand only) each with two sureties for a like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Madakasira, Sri Sathya Sai District;
4 (ii) On release, the petitioners shall appear before the Station House Officer concerned on every Sunday between 10.00 a.m. and 01.00 p.m., for a period of two (02) months, (iii) the petitioners shall not tamper with the evidence and hamper the investigation and shall cooperate for investigation.
Sd/- K.TATA RAO DEPUTY REGISTRAR ■^CcJ SECTION OFFICER //TRUE COPY// F To 1 . The Judicial Magistrate of 1®‘ Class, Madakasira, Sri Sathya Sai District
2. The Superintendent, Sub Jail, Hindupur, Sri Sathya Sai District
3. The Station House Officer. Madakasira Police Station, Sri Sathya Sai District
4. One CC to SRI. B RAMESH Advocate [OPUC]
5. Two CCS to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT]
6. One spare copy t 0 PSR
HIGH COURT TMR,J DATED:02/05/2025 BAIL ORDER CRLP.No.4368 of 2025 ii! ,, «H * ALLOWED •■“i € fo 'V fo o 03 m ix 09