APHC010206072025 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: 4370/2025 Between: Thaidula Kishore, ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. BULLA MADHUKAR Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: 1. This Criminal Petition u/Sec.480 & 483 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short 8B.N.N.S.), has been filed by the petitioner/A1 seeking bail in P.R.C.No.21 of 2023, on the file of Judicial Magistrate of First Class, Piler arising out of the case in Cr.No.221 of 2023 of Piler Police Station. 2. The above said crime was registered against the petitioner/A1 herein and others for the offence punishable under Sections 302, 109, 120B r/w 34 IPC. 2 3. The prosecution's case, in brief, is that on the morning of 31st August 2023, at around 8:30 AM, Romicherla Aruna, the sister of the deceased Kovvuri Sudakar, was dropping her niece at ZP Girls High School in an auto- rickshaw. After dropping the child off, some unidentified individuals approached Sudakar and asked him to hire an auto to the bus stand. Once they were in the vehicle, the assailants injected a mysterious poison into the back of Sudakar9s shoulder using a syringe, then fled the scene. Sudakar was rushed to the Area Hospital in Piler for treatment. The deceased9s wife was informed of the incident, and upon examination, the attending doctor declared Sudakar dead on arrival. The informant, Romicherla Aruna, suspected that Kishore, who was having an extramarital affair with the deceased9s wife, or his associates, might have been behind the murder, possibly to eliminate Sudakar as an obstacle to their relationship. Based on her report at 4.00 p.m,, the SHO of Piler Urban Police Station registered a case in Cr.No.221/2023 for the offences punishable u/Secs.302 r/w 34 of IPC. After investigation, the charge sheet was filed vide P.R.C.No.21/2023 on the file of the learned Judicial Magistrate of First Class, Piler 4. Learned counsel for the petitioner/A1 asserts that with the exception of the petitioner, all other accused were granted bail and A3 was specifically granted bail by the Sessions Court. It is argued that the petitioners' case stands on the same grounds as that of A3 who was allowed bail by the Sessions Court. 5. Learned Assistant Public Prosecutor contends that after a thorough investigation, the charge sheet has been filed and opposes the grant of bail, citing the petitioners' multiple criminal antecedents as grounds for denial. 6. After considering the submissions and on perusal of the material on record, this Court refrains from expressing any opinion on whether the petitioners' case is on par with that of A3, who was granted bail. However, this Court is inclined to dispose of the Criminal Petition, granting the petitioner/A1 3 the liberty to approach the Sessions Court by filing a fresh bail application. In such a case, the Sessions Court is at liberty to dispose of the bail application in accordance with the established parameters for granting bail. 7. Accordingly, this Criminal Petition is disposed of. Miscellaneous applications pending, if any, stand closed. _____________________________ JUSTICE T. MALLIKARJUNA RAO Dt. 02.5.2025 RD 4 THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 4370 of 2025 Dt. 02.5.2025 RD