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2025 DAILYLAW 6702 (AP)

GADDAM NAGA BUSHANAM @ SWAMY v. THE STATE OF ANDHRA PRADESH

CRLP/1382/2025 · 2025-03-27

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

5 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1382 OF 2025 Between: Gaddam Naga Bushanam @ Swamy, S/o. Subba Rao aged about. 59 years R/o.C Block, First Flore, Rajiv Gruhakalpa, Dummulapeta,Ka kinada, East Godavari District.A. P ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh, Rep. by its Public Prosecutor, High Court, at Amaravathi. ...RESPONDENT/COMPLAINANT Petition under Section 480 & 483 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to release the Petitioner on Bail pending investigation, enquiry and trial in S.C.No.264/2023 on the file of the court of the II Addl. Sessions Judge Guntur which arose out of Crime No. 154/2010 of Nagarampalem Polioce Station, Guntur City, % This Petition coming on for hearing upon perusing the Memorandum of Grounds of Criminal Petition and Challa Srinivasa Reddy .Advocate for Prosecutor (AP) on behalf of the Respondent The Court made the following Order: upon hearing the arguments of Sri Dr the Petitioner and the Public 1 APHC010063552025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY ,THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1382/2025 Between: Gaddam Naga Bushanam @ Swamy ...PETITIONER/ACCUSED AND ...RESPONDENT/COMPLAINANT The State Of Andhra Pradesh Counsel for the Petitioner/accused: 1. Dr CHALLA SRINIVASA REDDY Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1382 of 2025 ORDER; This Criminal Petition, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/Accused No.3, seeking regular bail, in S.C.No. 264 of 2023 on the file of the Court of II Additional Sessions Judge, Guntur which arose out of Crime No. 154 of 2010. 2. The gist of the case is that the petitioner/accused No.3 was in judicial custody since 11.07.2024 on execution of NBW. The record reveals that originally. Sessions Case No. 379 of 2013 is pending and due to the pendency of NBW against the petitioner/Accused No.3, case against him was separated and given S.C.No. 264 of 2023. During the pendency of the said case, the petitioner/accused No.3 was arrested on execution of NBW and produced before the Court on 11.07.2024. Due to the absence of the petitioner, the trial in S.C.No. 379 of 2013 could not be completed for years together. The regular bail application moved before the Sessions Judge is dismissed. 3. Heard the learned Counsel for the petitioner and learned Assistant Public Prosecutor representing on behalf of the State. Perused the record. Learned Counsel for the petitioner would submit that the petitioner is Accused No.3 in the case. The petitioner was produced before the Trial Court on execution of Non-bailable Warrant. Originally, Sessions Case No. 379 of 2013 was split up since he could not appear before the Court. After ten (10) years, split up case againstjhe petitioner is numbered as S.C.No. 263 of 4. 2023. Learned Counsel for the petitioner would submit that the petitioner is ready to furnish the sureties to the satisfaction of the Court. Learned Counsel finally submits that the petition may be considered by imposing any conditions. 5. Learned Assistant Public Prosecutor vehemently opposed Learned Assistant Public Prosecutor would submit that this is an old case, the alleged offences are under Sections 120-B, 302 read with 34 of I.P.C and Sections 25 and 27 of Arms Act and the petitioner is involved in five more cases. Trial is in progress. Learned Assistant Public Prosecutor finally for dismissal of the petition. the petition. prays 6. Considering the submissions made and a fair look at the material placed on record, as rightly put by the learned Assistant Public Prosecutor, it a very old crime relating to conspiracy, murder and unauthorized arms. As can be seen from the record, the matter i IS use of coming up for framing of charges. The petitioner has been in jail in the present case since 11.07.2024. IS In that view, it is apposite ot dispose of the petition with a direction to the learned Judge to give priority for the disposal of the case since the individual is in jail from July, 2024 and complete the trial and pass appropriate judgment according to law as expeditiously as possible preferably within a period of two (2) months. Learned Judge is further requested to inform the progress of the case to the Registry by 01.05.2025. 7. In the result, the Criminal Petition is disposed of. / / 4 As a sequel thereto, the miscellaneous applications, if any, pending i this Criminal Petition shall stand closed. in / r Sd/- K SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER \ To, Judicial First Class Magistrate Rampachodavaram East Godavari 1. The District 2 The II Addl. Sessions Judge Guntur, Guntur District 3. The Special Mobile Magistrate Guntur, Guntur District 4. The Superintendent Central Prison, Rajamandry East Godavari District 5. The Station House Officer, Nagarampalem Polioce Station, Guntur City Sri. Dr Challa Srinivasa Reddy Advocate [OPUC] CCs to the Public Prosecutor, High Court of Andhra Pradesh 6. OneCCto 7. Two [OUT] 8. Three CD Copies vna Y S HIGH COURT DATED -■27/03/2025 \ ORDER = J 7 APR 2025. ;g Current Seetior: CRLP.No.1382 of 2025 DISPOSING OF THE CRLP