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2025 DAILYLAW 49661 (AP)

Nelluru Gopi Krishna alias Gopi v. The State of Andhra Pradesh

CRLP/11647/2025 · 2025-11-18

Y Lakshmana Rao

body2025

Judgment text

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1 APHC010596842025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY,THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 11647/2025 Between: Nelluru Gopi Krishna Alias Gopi ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. RAJA DAMOJI RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 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 8the BNSS9), seeking to enlarge the Petitioner/ Accused No.1 on bail in Crime No.121 of 2025 of B.N.Kandriga Police Station, Tirupati District registered against the Petitioner/ Accused No.1 herein for the offences punishable under Sections 191(2), 191(3), 109(1) read with 190 of the Bharatiya Nyaya Sanhita, 2023 (for short 8the BNS9). 2 2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. 3. As seen from the record, the allegation against the petitioner and the other accused is that on 08.10.2025 at about 2:00 p.m., the petitioner, along with his family members, came in a car and on four motorcycles while holding sticks, rods, and knives. The petitioner allegedly tried to hit the defacto complainant with his car, but the defacto complainant escaped. The petitioner and the other accused then attempted to attack the defacto complainant with knives, rods, and sticks, however, the defacto complainant escaped from their clutches and lodged a report. The learned Assistant Public Prosecutor submits that the wound certificate has not yet been received by the investigating officer. The petitioner was arrested on 09.10.2025 and has been in judicial custody for the past 40 days. There are land disputes between the petitioner9s group and the defacto complainant9s group. The police have advised both groups to settle the disputes in the presence of the Tahsildar of the concerned Mandal. The petitioner9s wife lodged a report on 21.10.2025 against the defacto complainant and some other persons. That report was registered as Crime No.124 of 2025 for the offences punishable under Sections 131, 329(4), 115(2), 351(2), 79 and 324(5) read with 3(5) of the BNS, and Sections 3(1)(r), 3(1)(s), and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3 4. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused No.1, this Court is inclined to enlarge the Petitioner/Accused No.1 on bail. 5. In the result, the Criminal Petition is allowed with the following stringent conditions: i. The Petitioner/ Accused No.1 shall be enlarged on bail subject to he executing a bond for a sum of Rs.20,000/- (Rupees twenty thousand only), with two sureties for the like sum each to the satisfaction of the learned Additional Junior Civil Judge, Srikalahasti. ii. The petitioner/Accused No.1 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 learned the Trial Court. iii. The petitioner/Accused No.1 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. iv. The petitioner/Accused No.1 shall not commit or indulge in commission of any offence in future. v. The petitioner/Accused No.1 shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the investigating officer as and when required. vi. The petitioner/Accused No.1 shall not, directly or indirectly, make any inducement, threat or promise to any person 4 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. vii. The petitioner/Accused No.1 shall surrender his passport, if any, to the investigating officer. If he claim that he do not have a passport, he shall submit an affidavit to that effect to the Investigating Officer. _________________________ DR. Y. LAKSHMANA RAO, J Date: 19.11.2025 S D P 5 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 11647 OF 2025 19.11.2025 S D P