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High Court of Andhra Pradesh · body

2025 DAILYLAW 5074 (AP)

BogathiVigneswar Reddy, v. The State of Andhra Pradesh,

CRLP/866/2025 · 2025-02-07

K Sreenivasa Reddy

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV [DII`^\/ Tl ll---I .__ ___ ---------I A-n[,lAT`,lI FRIDAY, THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE .'PRESENT.- THE HONOURABLE SRI JUSTICE K SREENIVASA RED ^El)IILJIIILI I I I-I-----_ - _ -` --_I || I-\ Between.. CRIMINAL PETITION NO: 866 OF 2O25 / 1. Bogathi vl-gneswar Reddy, s/o. suryaprathap Reddy, Aged +-a±` `_i-_ 32 years) `| __ -_ I-`-|\JI occ.Busl'ness, R/o. D.No.7/277, Court Road, Ananthapuramu cl'ty and DistrI-Ct. 2. Pappuru Hemanth Kumar Reddy, s/o. pappurI- Shl'va Reddy, Aged 26 years, occ.Business, R/o. D.No.16/170, Nandalapadu, Tad,-patrj Town, Ananthapuramu Dl'strjct. 3. Chimanramji Mangl'Ial, S/o. Late Suraramchimnarakjl', Aged 51 years, occ: Business, R/o. D.No.13/3/609, Khaja Nagar, Ananthapuramu city and Distrl'ct. ...petI-tiOners/Accused Mos.1, 6 & 7 ~ AND The State ofAndhra pradesh, Rep. by its public prosecutor, High Court at Amaravath,I Through s.H.O., Anantapuramu lv Townp.s. Anantapuram Distrl-ct. ...Respondent/complainant ~ petition under sections 437 & 439 of Cr.P.C & Under sections 480 & 483 of BNSS, praying that in the cI'rCumstances stated in the memorandum of grounds filed in support of the crl'minal petition, the mgh court may be pleased to enlarge the pet,'tl-oners/Accused Nos.1, 6 and 7 on ba" in crI'me No.1 of 2025 dated o3.01.2025 on the file of Anantapuramu lv Town p.s., Anantapuram DI®StriCt. I The petition coming on for hearing, upon perusl-ng the petI'tI'On and the memorahdum of grounds filed in support thereof and upon hear,'ng the arguments of SRI MEDAPATI SANTOSH REDDY, Advocate for the petI'tiOners, and of PUBLIC PROSECUTOR, for the Respondent,- r APHCOI OO41262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) [3327] FRIDAY, THE SEVENTH DAY OF FEBRUARY TVA/O THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 866 of 2025 Betwee n : Bogathivigneswar Reddy, and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1, MEDAPATI SANTOSH REDDY Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following Order: 1. The Criminal Petition, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [in short B.N.S.S] is filed on behalf of the petitioners/accused Nos,1, 6 and 7 seeking regular bail in Crime No.1 of 2025 of Ananthapur IV Town Police Station, Ananthapuram District. ._ --ss2---al--Z| I-- _- f/ 2l A case has been regl-stered agaI-nSt the petjtl'oners and others for the offences punl'shable under sectI'OnS 137(2), 109(1), 115(2), 351(2) read with 3(5) BNS. 3. case of the prosecutI-On js that, the defacto complajnant js running JP Constructl'on office and has been doing Real Estate business. For the last 20 years, he got acquaI-ntance wI-th one praveen Kumar resI'dent of KhaJ'anagar, Ananthapuram. Father of saI'd Praveen Kumar namely Hemaram and hI-S younger brother- Mangjlal (A7) have property disputes. on account of the same, the saI'd Praveen Kumar requested to help the defacto complainant to get Al vacated from theI'r Bharat complex shop and to hand over the keys to him. ln thI'S regard, the defacto complajnant and his assocI'ateS (LWs 2 and 3) went to shop of A7 and dI-SCuSSed wI-th son of A7, locked that shop and handed over keys to praveen. A7, with the help of Al to A6, A8 and some others went to the said Bharath complex at about o5.45 pm enquired with son of A7 and during that tl'me, there was scuffle between both groups. while so, on o2.01.2025 at about o8.40 pm, while the defacto complainant and LW2 along with LW3 were standing jn front of JP office, talking wI'th their frl'ends namely lmran, prakash, vijaya Raju, Gautham and Ganesh, at Azadnagar, Ananthapuram, and by that time Al to A8 a-I-ac T i-i,-S=-_ and some others came on cars with an intent to kl|ll the complainant and his friends, beat the defacto complainant and his friends with stones, hands and legs indiscriminately and later a" accused forcibly kl'dnapped the defacto complainant and LW2 and LW3 in a Fortuner Car bearing No.AP40BW5499 belonging to Al to took them towards HLC Colony. The defacto complainant friend namely lmran Basha informed the same to the police. When the accused learnt that the POIice were searchl'ng for them, they left the complainant and his friends in HLC Colony and threatened them that they would kill them if they report the matter to the police and went away. 4. Heard both sl'des. 5. A perusal of the materl'al on record goes to show that apparently there are disputes between the petitl'oners and the de facto complainant and in connection wI'th that, cases were registered against each other. ln connection with that, on the date of the incident, it is alleged that the petitioners, along with others, went to the place where the defacto complainant and his friends were Present and beat the defacto complainant and hI'S friends with stones, hands and legs. Later all the accused allegedly kidnapped the complainant and LWs.2 and 3 in a Forfuner vehl'cle, belonging to Al and went to HLC Colony. On coming to know that, police got the \ +i r-_ =E=Er I informatI'On about the Kl'dnap, the accused abandoned the complaI'nant and hI|S frI'ends in an open area I-n HLC Colony and threatened them. lt Its alleged that the defacto complaI'nant and others were beaten by the accused with stones, hands and legs I-ndjscrl'ml|nately. However, no injuries were received by the de-facto complal'nant. l-he petitI-Oners were arrested on o5.01.2025 and since then they are in J-udiCial custody. 6| The learned Assistant publl-c prosecutor submits that major part of the invest,'gatjon is completed except filing of the charge- sheet. 7- ln view of the aforesaid facts and cI-rCumStanCeS, this Court is inclined to grant baI-I tO the petitI'OnerS/accused Nos. 1, 6 and 7 herein, on the following conditions. (i) The petitioners/accused Nos.1, 6 and 7 herein shall be released on their executing a personal bond for Rs.10,00or (Rupees ten thousand only) with two sureties for a like sum each to the satisfaction of the learned special Jud-ICial Magistrate of First class, (prohibition and Excise), Ananthapuram. (ii) On release, the petitioners/accused Nos. 1, 6 and 7 shall appear before the Station House Officer concerned Once in a week i.e. on every sunday betwee-n 10.00 a.m. and 05-00 P.m., till filing of the charge-sheet. t -._ rfz3+ 8. Accordingly, the Criminal Petition is allowed. Tol sD/- vlsAVITHRI GOWRI ASSISTANT a,EQISTRAR I/ :-, i-i,LL //TRUE COPY// SECTION oFFlcER F\ 1. The Specl'al JudI-CiaI Magistrate of Fl-rst class (ProhibI-tjOn and Excl'se), Ananthapuramu, Ananthapuramu Dl'strict 2. The Superintendent, sub-Jail, Ananthapuramu, Ananthapuramu Dl-strI'Ct 3. The statI'On House officer, Anantapuramu lv Town Police stall-on, Anantapuramu Dl-strict 4. One CC to SRI MEDAPATI SANTOSH REDDY, Advocate [opuc] 5. Two ccs to PUBLIC PROSECUTOR, High Court of Andhra pradesh [OUT] 6. One spare copy PSR I, HIGH COURT SRK,J i\.\i \-` \ DATED :07/O2/2025 BAIL ORDER ORDER CRLP.No.866 of 2025 ALLOWED ±G, \^Lgeff£?xpfo=¥_ENSSl _ 7 FE_B ¥us =ds:\j;S! ` `\+*`*`%fro%%un±`ifesese I