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High Court of Andhra Pradesh · body

2025 DAILYLAW 49604 (AP)

GONGATI RAMAMUNI REDDY v. THE STATE OF AP

CRLP/10312/2025 · 2025-10-07

Y Lakshmana Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATU^^ WEDNESDAY, THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE 1x IS -■ -> iPRESENT; THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10312 OF 2025 S',* p- -•M- Between: Gongati Ramamuni Reddy, S/o. Munireddy, Aged about 41 years, Occ Agriculture, R/o. D.No. 2/16, Goriganuru Village, Jammalamadugu Mandal, Kadapa District, Andhra Pradesh. ... Petitioner/Accused AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi, Through Station House Officer, Jammalamadugu U/G Police Station, Kurnool. .... Respondent/Complainant Petition under Section 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 enlarge/release the Petitioner herein/Accused on bail pending enquiry and trial in connection with Crime No. 324 of 2025 dated 18-05-2025 registered on the file of Jammalamadugu U/G Police Station, Kadapa District. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of SRI V NITESH Advocate for the Petitioner, Assistant Public Prosecutor for the respondent and the Court made the following. ORDER 2 Dr. YLR, J Crl.P.No.l0312 of 2025 Dated 08.10.2025 The Court made the following: ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner/Accused on bail in Crime No.324 of 2025 of Jammalamadugu U/G Police Station, YSR Kadapa District, was registered against the Petitioner/Accused herein for the offences punishable under Section 118 (1) read with 3 (5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’). CASE OF THE PROSECUTION: The case of the prosecution is that on 18.05.2025 at about 5:30 P.M., in 2. Goriganur Village, Jammalamadug Mandal, the accused, Gongati Ramamuni Reddy, along with some others from the same village, beat Gongati Santhosh Kumar Reddy on the back of his head with two iron sticks, as a result of which Santhosh Kumar Reddy sustained bleeding injuries. On witnessing this attack, the complainant, Gongati Ramabhupal Reddy, aged 32 years, S/o Sreenivasula Reddy, D.No. 3/33, Goriganur Village, Jammalamadug Mandal who is the cousin of the injured, intervened and sustained injuries on the back of his right hand and the middle finger of his left hand. The incident arose from a petty dispute over the removal of two tents, as well as previous grudges. 3 A Dr. YLR, J Crl.P.No.l0312 of 2025 Dated 08.10.2025 CONTENTIONS OF THE COUNSEL FOR THE PETITIONER: 3. Sri V.Nitesh, learned Counsel for the Petitioner submits that the Petitioner is innocent of the alleged offence and he has been falsely implicated in the alleged offence, without any cogent evidence linking him to the commission of the crime. It is contended that the Petitioner is the sole breadwinner of his family and his arrest would cause undue hardship and prejudice to his dependents. The Petitioner undertakes to abide by any condition that this Court may impose while granting bail to the Petitioner. 4. It is further submitted that the Petitioner has a permanent place of residence and there is no likelihood of his absconding or evading the process of law. The Petitioner has cooperated with the investigation thus far and assures continued cooperation in future proceedings. It is also urged that the allegations are of a nature that do not warrant further custodial detention, and if any condition is imposed while granting the bail. Petitioner would not violate it; and it is urged to allow the Petition. ARGUMENTS OF THE STATE: 5. Per contra, Ms.P.Akhila Naidu, learned Assistant Public Prosecutor strenuously opposed to grant of bail and prosecution further apprehend that the Petitioner, if released, may influence or intimidate witnesses, thereby obstructing the course of justice. It is also urged that there exists a real and imminent risk of the Petitioner absconding and evading the due process of 4 Dr. YLR^ J Crl.P.No.l0312 of 2025 Dated 08.10.2025 law. Given the gravity of the allegations and the potential threat to the progress of the investigation, it is submitted that the Petitioner does not deserve the discretionary relief of bailand it is urged to dismiss the bail petition. Thoughtful consideration is bestowed on the arguments advanced by the learned Counsel for both sides. I have perused the entire record. 6. POINT FOR CONSIDERATION: 7. In the light of the case of the prosecution and the contentions of the learned Counsel for both the sides, now the point for consideration is: Whether the Petitioner is entitled for grant of bail? ANALYSIS: 8. As seen from the record, the allegation against the petitioner/Accused is that he caused grievous injury to the finger of the de-facto complainant. The petitioner was arrested on 08.09.2025 and he has been in judicial custody for the past 30 days. After thorough investigation, the charge sheet has been filed. The petitioner is a permanent resident of Goriganuru Village, Jammalamadugu Mandal, Kadapa District, and he has got fixed abode. The chances of the petitioner threatening witnesses, hampering the investigation, or tampering with evidence may not arise. 5 Dr. YLR, J Crl.P.No.l0312 of 2025 Dated 08.10.2025 9. Considering the period of detention undergone by the Petitioner/Accused, the nature and gravity of allegations levelled against the Petitioner, and his alleged role played in the case, this Court is inclined to enlarge the Petitioner/accused on bail with the following stringent conditions: The Petitioner/Accused shall be enlarged on bail subject to he executing a personal bond for a sum of Rs.10,000/-(Rupees Ten Thousand only), with two I. sureties each for the like sum each to the satisfaction of the learned Judicial Magistrate of First Class Jammalamadugu, Kadapa District. ii. The petitioner/Accused shall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the f learned the Trial Court. iii. The petitioner/Accused shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. iv. The petitioner/Accused shall not commit or indulge in commission of any offence in future. V. The petitioner/Accused shall cooperate with the investigating officer in further investigation of the case 6 Dr.YLRJ _ Crl.P.No.l0312 of2025 Dated 08.10.2025 and shall make himself available for interrogation by the investigating officer as and when required. V. The Petitioner/Accused shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer. 10. Accordingly, the Criminal Petition is allowed. Sd/- K.TATA RAO DEPUTY^EGiSTRAR //TRUE COPY// SECTION OFFICER / To, 1. The Judicial Magistrate of 1®* Class, Jammamadugu, Kadapa District. 2. The Station House Officer, Jammalamadugu U/G Police Station, Kurnool. 3. The Superintendent, Sub-Jail, Jammalamadugu. 4. OneCCto SRI. V NITESH Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT] 6. One spare copy cr HIGH COURT DR.YLR, J DATED:08/10/2025 BAIL ORDER CRLP.No.10312of 2025 ALLOWED