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2025 DAILYLAW 6908 (AP)

BOYYA THIMMANNA @ KUKKALA THIMMANNA v. THE STATE OF ANDHRA PRADESH

CRLP/1448/2025 · 2025-02-20

K Sreenivasa Reddy

body2025

Judgment text

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_ _ __ __ __ll I I I I Jrll, THURSDAY, THE TWENTIETH DAY OF FEBRUAR THOUSAND AND TWENTY FIVE .I PRESENT: */ IN THE HIGH COURT OF ANDHRA PRADESH AT AIVIA TI I' Il`^-A ` , --__ - - -----I I I I THE HONOURABLE SRI JUSTICE K. SREENIVAS _1.___ ___ _ CRIMINAL PETITION NO: 1448 OF 2025 Between.. -----------`|| I I|lll[`J[1 l`Vl lf+I+a `I,I ZUZO >.%xp; 1. Boyya Thjmmanna @ Kukkala Thimmanna, s/o. Boya J '`~B lap Minnella, aged about 55 years, R/o. D.No.1-151 New B.C. Colony, Brahmanadoddi, c. Belagal, Kurnool District. 2. Boya Somudu, s/o. Boya Dokkanna, Aged about 38 years, R/o. DNo. 1-86-B, Main Street, BrahmanadoddI' Village, C. BelagaI KurnooI DI'StriCt. 3. Boya Yella Krishna, s/o. Boya Suresh, Aged about 27 years, R/o. D.No. 1-110, Brahmanadoddi, c. Belagal KurnooI Distrl-ct, 4. Boya Hari KrI'Shna, S/o. Boya Pedda Linganna, aged about 25 years, R/o. D.No. 1-175, Brahmanadoddi, c. BelagaI, Kurnool DI'StrI-Ct. 5. Boya shiva, s/o. Boyya ThI-mmanna, aged about 27 years, R/o. Brahmanadoddl', c. Belagal, Kurnool Dl-strI'Ct. 6. Vadde Mekala Ramuduu s/o. Dubbanna, aged about 60 years, R/o. BrahmanadoddI', C. BelagaI, Kurnool Dl-strI'Ct. Petl-tI-Oner/A-3, 5,6,7,9 and A-ll AND The State of Andhra pradesh, , through station House Officer c. BelgaI Police station, rep. by public Prosecutor, High Court at Amaravati. Respondent petition under section 482 of BNSS, praying that in the circu.mstances stated I'n the grounds fI'Ied in support of the crI'mlnal Petition, the High Court may be pleased to grant anticipatory ba" jn the event of arrest of the petitioners/ Accused No. 3, 5, 6, 7, 9 and A-ll in connection with FIR No.16/2025, Dt.01-02-2025 on the file of c. BelgaI Police Station, Kurnool District. couNSEL FOR THE PETITIONERS.- SrI-Narasimhulu parl'se TChOeUNcSoEuLriF:RadReE:hPeOfNoPIEoNwTjng publlc prosecutor CRIMINAL PETITION No.1448 of 2025 ORDER : The Criminal Petition, u/Sec.482 of the Bharatiya Nagarik suraksha sanhita, 2023, is filed on behalf of the petitioners/A3, A5, A6, A7, A9 and All to grant anticipatory bail in connection With Crime No.16/2025 of C.Belgal Police Station, Kurnool District. 2) A case has been registered against the petitioners and Others for the offences punishable u/see.191(2),191(3),118(1),109(1),126(2), 351(2) r/w 190 B.N.S. 3) Case of the prosecution in brief is that on 01.02.2025 at 6.30 am, at Boya Dastag-lri's house situated in Brahmanadoddi Village, C.Belagal Mandal of Kurnool Distr'lct, Al to A6 wrongfully restrained the defaCtO complainant intending to murder him by forming themselves into an unlawful assembly, armed with sickles, sticks and stones. A1, A2 and A5 hit him and also A9. The remaining accused threw Stones tO Prevent anyone coming to rescue him. when the relatives of the defacto complainant came there, the accused left the place by threatening tO kill him. Then the complainant and his uncle went to hospital and While undergoing treatment, police recorded the statement of the defacto complainant. Basing on the same, the present crime Was registered and invest'lgated into. €:9 --A .=xp-,.<s-i- 4) Heard. Perused the fecord. 5) Learned Assistant PubII'C Prosecutor submitted that the investigation is at crucial stage and some more wl'tnesses are to be examined and prays to dismiss the anticipatory bail application. 6) On a perusal of the material available on record goes to show that a case and counter case has been registered against each other. 1st Petitioner herein filed a report against the defacto complainant and party on 01.02.2025 at 1.45 pm stating that incident is said to have taken place at 6.00 am on the same day. It is pertinent to mention here that subsequent to the incident that has taken place, the petitioners herein attacked the defacto complainant and others on the same day at about 6.30 am. ln connection with that, the defacto complainant filed a complal'nt on the same day at 1.30 pm`. Subsequent to that, the Petitioners herein filed complaint aS against the defaCtO COmPlainant at 1.45 pm. A perusal of the material available on the record goes to show that no specific overt acts have been attributed as against the petitioners/ A6 and A7. In respect of the petitioner nos.1, 2, 5 and 6 i.e. A3, A5, A9 and All, this Court is not inclined to grant the prayer of anticipatory bail. But whereas in respect of petitioner nos.3 and 4 i.e. A6 and A7, this Court is inclined to grant the prayer of anticipatory bail, 7) Accordingly, in the event of the arrest of the petitioners 3 and 4/A6 and A7 with regard to this crime, they shall be released on bail on their ® ._ ->T------=| z±i=Z -t> J3] + executing a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties for the like sum each to the satisfaction of the arresting police officials and also on condition that they shall make themselves available for investigation aS and When requ'lred and that they shall not cause any threat, inducement or promise to the prosecution witnesses. The petitioners 3 and 4/A.6 and A.7 shall attend before the Stat'lon House Officer concerned Once in a Week i.e. On every Sunday between 10.00 am and 5.00 pm till filing of Charge Sheet. The Criminal Petition in respect Of A3, A5, A7 and All is dismissed. 8) Accordingly, the Grim-lnal Petition is allowed in part. ~.-Jt9-,=enfi* //TRU E C O PYA/;pr,li ASsS:ScTT:Ol:##IICSETR:AR SD/-M.SRINI'VAS For ASvl-I AN I I`[UIO I T`AI` To 1. The Stat'IOn House Officer, C. Belgal Police Station, KurnooI District. 2. One CC to Sri P. Narasimhulu, Advocate [OPUC] 3. Two CC~s to the Public Prosecutor, H-lgh Court of Andhra Pradesh (OUT) 4. One spare copy Ksv ¢ / ra ii ` y ffi i HIGH COURT SRKJ DATE.. 20/02/2025 ORDER CRLP.No.1448 of 2025 fa ANTICIPATORY BAIL a,I.'.. un i.i!t... I --.--.i± +--:i.=-,. :: ':_:i.:-_-,+i..---' -.-i1-: tLS _ _ tL®rt` `l\`R .,{E grg=:RT:a;:-i,< -; 2 5 FEB 2(\25 fffl:;_;I;i [di.1 Led `Lu _ S};:,,i : --_-----:..:is::.c*!._i_I_,.:_:-------:--i.:: _ ~ Tra^