SHAIK RIYAD BASHA @ SHAIK RIYAZ BASHA v. THE STATE OF ANDHRA PRADESH
CRLP/3955/2025 · 2025-04-23
T Mallikarjuna Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 56213 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 56213 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
EL. - .+ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA i THURSDAY, THE TWENTY FOURTH DAY OF APRIL, TWO THOUSAND AND TWENTY FIVE :PRESENT:
THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RA in_ CRIMINAL PETITION NO: 3955 OF 2025 Between.I
1. Shajk Riyad Basha @ sha[®k Riyaz Basha, s/o.Masthan valj, Aged 35 years, occ Employee, R/o.4-236, Zanda Chettu Centre, Turakapaleni Village, Medikonduru Mandal, Guntur District.
2. Shaik Neelofer, w/o.Rjyad Basha @ Rjyaz Basha, Aged 27 years, occ House wife, R/o.4-2`36, Zanda chettu centre, Turakapalem Village Medikonduru MandaI, Guntu-r District.
3. Shajk Karl-mun, w/o.Masthan vali, Aged 56 years, occ House wife, R/o.4-236, Zanda chettu centre, Turakapalem village, Medikonduru Mandal, Guntur Distrl-ct. -
4. Shajk Motadu Haseena @ Haseena, w/o.Motadu chinna Moula Aged 38 years, occHouse wife, R/O.4-20A, Chinna Maszid centre,'r Turakapalem Village,I Medikc,`nduru MandaI, Guntur District.
5. ShaI'k Emus @ younus,ls/o.Masthanvalj, Aged 32 years, occ prI-Vale employee, R/o.4-236, Turakapalem village, Med[-konduru MandaI, Guntur District.
6. Shajk Jakeer HussaI-n @ Jakeer, s/o.Masthanvali, Aged 28 years, occ Employee, R/o.4-10 A, `Titrakapalem Village, Medikonduru Mandal, Guntur DjstrI-Ct. { ...Pet[-tjoners/ AccusecI No.1 to 6; AND
-.--` fjr. The State of Andhra Pradesh, through Station House Officer, Medikonduru police station, Guntur District rep.by its Public Prosecutor, High Court of A,P at Amaravathi. u.Respondent/Complainant Petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (438 of Cr.P,C), praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to the grant bail to the Petitioners in the event Of their arrest pursuant to FIR No.20/2025 on the file of the Medikonduru Police station: Guntur District. Counsel forthe Petitioner : Sri Nageswara Rao Chava . counsel forthe Respondent : Assistant Public Prosecutor. / The Court made the following
ORDER: This Criminal Petition has been filed by the petitioners/Al to A6, seeking anticipatory bail, in connection With Crime No.20 of 2025 of MedikondurLI Police Station, Guntur District. 2. A case has been registered againStthe Petitioners fOrthe offen;e punishable under sectio'ns 118(1),115(2), 351 (3) r/w 190 ofBNS'
3. The brief facts of the case are that the COmPlainant lived in Turakapalem Village, Medikonduru Mandal, he earns his living '\ iE ._. `.I Ei
2 by doing agricultural work, his parents have three sons and one ~/ daughter. He is the eldest, his younger sister shaih Nilofur was married to shaik Riyaz Basha, since 10 years ago, his brother- in-law and sister have been pressuring him to give them, his ancestral land. In this regard, his brother-in-law ploughed it three days ago. on o1.02.2025 at around 8.30 a.m, when he asked his brother-in_law lwhy did you plow' our field" ?, his brother-in- law attacked him with a machete. The back of the machete hit him on the rI-ght shoulder and he fell down. His mother Ghannubi intervened, his brother_in_law injured his mother under her left eye with the machete, causing her to bleed injuries. Again, his brother-in-law hit his mother on the left leg and hit him on the right shoulder. His maternal aunt KarimunJs daughter shaik Hasina's children, sheikh younus, sheikh zakir, a" grabbed his mother's hair and beat hI-m aS they Pleased, Shouting, but, his relatives came and stopped him. HI-S brother-in-law threatened to k" him and saI|d, {fl know aH the sections of the police, I know that do dom, no one can hurt me". The neighbours called 108 ambulance and the injured person and his mother were taken to Government General Hospital, Guntur, and then, the police received hospital statement on o2.02.2025 at ll.40 hours and I.,, •t`. ` Q>``
4. Heard. Perused the record. 5. Learned counsel for the petitioner submits that, While the present matter is pending, the petitioner No.1/Al was taken into custody and produced before the concerned Court. It 'ls further submitted that specific allegations have been made against A1, and the remaining petitiohers have been implicated merely as -relatives ofA1. 6. To consider the said submission, this Court,has perused the mater|lal placed on record, including the complaint lodged by the defacto complainant. Upon examination, this Court finds substance in the submissions made by the learned counsel for the petitioners.
A reading of the complaint and accompanying material indicates that Al is alleged to have assaulted the defacto complainant and his mother, result|lng in injur'les. However, the presence Of the Other Petitioners at the scene has not been clearly established, and the only specific accusation is
directed against A1. ``. ``.. 4 ~t
7. ln view of the Ongoing land dispute between the Parties, the possib|llity of the relatives of Al being falsely implicated cannot be ruled out. The complaint also reveals a Civil dispute regarding land ownership. ln this context, it is brought to the notice of the court that petitioner Nos. 2 to 4 / A2 to A4 are women. 8. Upon enquiry, the learned Assistant Public Prosecutor confirmed that petitioner Nos. 2 to 6 / A2 to A6 do not have any criminal antecedents. considering the material on record, this court is inclined to grant anticipatory bail to petitioner Nos. 2 to 6/A2 to A6. 9. Accordingly, the anticiPa{Ory bail application Of Petitioner No.1/Al is dismissed and the antiCiPatOry bail application Of petitioner Nos.2 to 6/A2 to A6 is allowed. The petitioner Nos.2 to 6/A2 to A6 are `directed to surrender before the Station House officer concerned within two (2) weeks from today and On® Such surrender, the petitioner Nos.2 to 6/A2 to A6 shall be released . on bail on their executing a personal bond for a sum of Rs.10,000/-(Rupees ten thousand Only) each With two Sureties for a like sum each to the Satisfaction Of the arresting POliCe , officials. After release, the Petitioner Nos.2 to 6/A2 -to A6 shall f2Z
1 :I I i 5 r/ cooperate for investigation and petitioner Nos.2 to 4/A2 to A4 shall appear before` the investigating officer as and when their presence is required and the petitioner Nos.5 & 6/A5 & A6 shall appear before the investigating officer on every Sunday between 10.00 a.m. and 1.00 p.m. for a period of three months. The petitioner Nos.2 to 6/A2 to A6 shall not cause any threat, inducement or promise to the prosecution witnesses. 10. In the result, the criminal petition is partly allowed. ll. Nothing stated above shall be construed as a final expression of opinion on the merI'tS Of the Case, and the trial Will proceed independently of the observations made in the present case, which are only for adjudicating the present bail applI-CatiOn. /,TRUE COPY,, ASSsDIJsTKAJriTRA*jA#s;TBRUAR F( SECTION OFFICER To,
1. The Station House Officer, Medikonduru police station, Guntur District. off
2. OneCCto Sri Nageswara RaoChava,Advocate[opuc] zz4
3. Two CCs to Public Prosecutor (AP) High Court ofAndhra pradeshz [OUT]
4.
One spare copy CVSS
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HIGH COURT TMR,J DATE D : 24/04/2025 BAIL ORDER CRLP.No.3955 of 2025 ALLOWED 28 APE 2825