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2025 DAILYLAW 52508 (AP)

Kummithi Madhu Mohan, v. THE STATE OF ANDHRA PRADESH

CRLP/4366/2025 · 2025-05-01

T Mallikarjuna Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE SECOND DAY OF MAY, TWO THOUSAND AND TWENTY FIVE :PRESENT: \ •;v \\ / TknONOURABLE SRI JUSTICE T MALLIKARJUNA RAO\ ’"A CRIMINAL PETITION NO: 4366 OF 2025 % Between: Kummithi Madhu Mohan, S/o. KummithiSivaiah, Aged about 24 years, R/o. D.No. 2-142-A, Ramatiavaripalli Village, Lingala Mandal Kadapa District ...Petitioner/Accused No.6 AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. ...Respondent/Complainant Petition under Section 482 of BNSS, 2023 & Under Section 438 of Cr.P.C is filed praying that in the circumstances stated in memorandum of grounds of Criminal Petition, the High Court may be pleased to grant anticipatory Bail to the petitioner and release the petitioner/Accused No.6 on bail in the event of his arrest in connection with Crime No. 97 of 2021 dated 17.05.2021 On the file of the Mudigubba Police Station Anantapur District Present Sri Sathya Sai District; The petition coming on for hearing, upon perusing the Petition and memorandum of grounds of criminal petition and upon hearing the arguments of Sri Ramakrishna Akurathi, Advocate for the Petitioner and Public Prosecutor for the Respondent; IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 4366/2025 Order: The Criminal Petition, u/Sec.482 of B.N.S.S is filed on behalf of the petitioner/A6 to grant anticipatory bail in connection with Crime No.97/2021 of Mudigubba Police Station, Anantapur District. 2. A case has been registered against the petitioner/A6 herein and others for the offences punishable under Sections 147, 148, 307, 302 r/w 149 of IPC. The brief facts of the case are that on 17.05.2021 at Mudigubba to Diguvapalli Village Road, Near A.B.Palli Thanda Village, Mudigubba Mandal, wherein A1 to A8 are formed into an unlawful assembly with common intention, armed with sickles and sticks attacked on the deceased Kummithi Kesava. Hence, the police registered and investigated the case. 3. 4. Learned counsel for the petitioner submits that, though the petitioner is shown as A6. The remand report of A1 to A5, A7 to A9 dated 22.05.2021 shows that the Circle Inspector of Nallamada Circle made an observation in the remand that prima-facie case is not established against the A6. However he 2 will examine some more witnesses and collected the some evidence. When ascertained the learned Assistant Public Prosecutor submits that no further material has been collected showing involvement of the petitioner/A6 in the commission of the offence. The available material on record, the prima-facie material does not disclose the involvement of the petitioner in the commission of the offence. Though the crime has been registered long back in the year 2021, this Court is inclined to grant anticipatory bail to petitioner/A6, on the following conditions: The petitioner/A6 is directed to surrender before the Station House Officer concerned within two (2) weeks from today and on such surrender, the petitioner/A6 shall be released on bail on his executing a personal bond for a sum of Rs. 10,000/- (Rupees ten thousand only) with one surety for a like sum to the satisfaction of the arresting police officials. After release, the petitioner/A6 shall cooperate for investigation and shall appear before the investigating officer as and when his presence is required. The petitioner/A6 shall not cause any threat, inducement or promise to the prosecution witnesses. Accordingly, the Criminal Petition is allowed. 5. Sd/- K.TATA RAO DEPUTY REGISTRAR i //TRUE COPY// SECTION OFFICER For / To, The Additional Judicial Magistrate of First Class Kadiri The Station House Officer, Mudigubba Police Station Anantapur District present Sri Sathya Sai District. One CC to Sri. Ramakrishna Akurathi, Advocate [OPUC Two CCs to Public Prosecutor, High Court of AP [OUT] One spare copy 1. 2. 3. 4. 5. MM %' HIGH COURT TMR,J DATED:02/05/2025 ORDER CRLP.No.4366 of 2025 ALLOWED