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2025 DAILYLAW 49407 (AP)

Yelugubanti Anand Venkata Kumar @ Anand, v. THE STATE OF ANDHRA PRADESH

CRLP/4641/2025 · 2025-05-05

T Mallikarjuna Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE SIXTH DAY OF MAY m TWO THOUSAND AND TWENTY FIVE loi ■<i> ft : PRESENT: \ HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO\ CRIMINAL PETITION NO: 4641 OF 2025 % % Between: Yelugubanti Anand Venkata Kumar @ Anand, S/o. Babaji, aged about 33 Years, R/o. Door No. 30-30-3, Laksbrnipuram Colony, RH Colony, Vadlapudi, Gajuwaka, Visakhapatnam Aadhar No. 414933995814 Petitioner/Accused-2 •V- ; The State of Andhra Pradesh, Duvv.ad^ Police Station, Viskhapatnam Rep. by its Public Prosecutor,. High Court of Judicature of Andhra Pradesh At Amaravati. Respondent/Complainant Petition under Sections 480 & 483 of BNSS is filed praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to release the petitioner/Accused-2 on bail in Cr. No. 60/2025 of Duvvada Police Station, Visakhapatnam for the offences punishable U/s 318(4), dated 7-02-2025. The petition/Appeal coming oh for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri Kakumanu Joji Amrutha Raju, Advocate for the Petitioner, and of Public Prosecutor (AP) for the Respondent, the Court made the following. APHC010219572025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE [3369] PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINALPETITIONNO: 4641/2025 Between: Yelugubanti Anand Venkata Kumar @ Anand, ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.KAKUMANU JOJI AMRUTHA RAJU 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 petitioner/A2, seeking bail, in Crime No.60/2025 of Duvvada Police Station, Visakhapatnam Commissionerate. A case has been registered against the petitioner herein for the offence punishable u/Sec.318(4) of B.N.S. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor representing the respondent/State. 2. 3. 2 Case of the prosecution, in brief, is that, this is the case of cheating that occurred prior to 07.02.2025 at D.No.30-95-46, Appikonda Colony, Gajuwaka, Visakhapatnam City wherein 4. the Kurmannapalem complainant Gubbala Mangadevi, wife of Ramakrishna, resident of Gajuwaka reported that she along with her husband Kurmannapalem, eking livelihood by running a pakoda shop on pushcart. Their son Rajesh meanwhile her son joine din Shaik studied up to Degree second year, Fitness gym and her son same gym. Petitioner promised a job times and she paid the same to him, but the petitioner did not provide job and did not return his money. Hence the complaint. During the course of befriended with the petitioner who runs the said he has contacts with Naval Department and in Naval Dock Yard and asked Rs.7,25,000/- in different execution of PT investigation, arrested the petitioner on 18.02.2025 on warrant. Heard. Perused the record. 5. 6. Learned counsel for the petitioner submit that the petitioner has Despite expiry of statutory been in judicial custody from 18.02.2025. of 60 days, police have not concluded the investigation and filed period charge sheet and prays to allow the criminal petition. Assistant Public Prosecutor did not dispute the said 7. Learned contention of the learned counsel for the petitioner but submitted that some more witnesses are to be examined and prays to dismiss the criminal petition. After careful observation of the material on record and submissions 8. made on behalf of both sides, even after expiry of 60 days i.e. statutory period, police have not concluded the investigation and filed charge sheet. Since the accused has been in remand from 18.02.2025, this Court finds that most of the investigation pertaining to the role played by the petitioner in the commission of the offence would be completed. It is submitted that the petitioner has permanent abode and there is no possibility of his fleeing away from justice. When ascertained, learned Public Prosecutor submitted that six antecedents reported against the I petitioner. In view of the same, imposing stringent conditions would meet The release of the accused would not cause the ends of justice, hampering of investigation and tampering of evidence. Considering the entire material on record, this Court is inclined to grant bail to the petitioners with some conditions. In the result, the Criminal Petition is allowed with the following 8. conditions: (i) The petitioner/A2 herein shall be released on his executing a personal bond for Rs.25,000/- (Rupees twenty five thousand only) with two sureties for a like sum each to the satisfaction of the learned Additional Chief Judicial Magistrate at Gajuwaka; 4 (ii) On release, the petitioner shall appear before the Station House Officer concerned on every Sunday in between 10.00 a.m. and 01.00 p.m., for a period of two (02) months; (iii) the petitioner shall not tamper with the evidence and hamper the investigation and shall cooperate for investigation. SD/-B.CHITTI JOSEPH ASSISTANT ISTRAR //TRUE COPY// SECTION OFFICER For To 1. The Additional Chief Judicial Magistrate at Gajuwaka, Visakhapatnam. 2. The Superintendent, Sub-Prison, Visakhapatnam. The Station House Officer, Duvvada Police Station, Viskhapatnam. 3. 4. One CC to SRI. KAKUMANU JOJI AMRUTHA RAJU Advocate [OPUC] Two CCs to Public Prosecutor (AP) High Court of A.P., Amaravati [OUT]. One spare copy 5. 6. / HIGH COURT TMR,J DATED:06/05/2025 BAIL ORDER CRLP.No.4641 of 2025 ALLOWED O mi o Coh ? X £^spat^