CHIDIPOTHU VENKATESWARLU v. THE STATE OF ANDHRA PRADESH
CRLP/1472/2025 · 2025-02-25
K Sreenivasa Reddy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7047 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7047 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
* iE!`... + Jr lN THE HIGH COURT OF ANDHRA PRADESH AT AMAR _(-?,I TUESDAY, THE TWENTY FIFTH DAY OF FEBRUARY,Jr:
TWO THOUSAND AND TWENTY FIVE i{`t{}~` : PRESENT.I THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIIVIINAL PETITION NO: 1472 OF 2025 Between :
1. Chidipothu venkateswarlu, s/o. venkata subbaiah, Aged about 55 years, R/o. D.No. 3-67/1, Ravulakollu Vl®llage, Ponnalkur MandaI, Prakasam Distirct.
2. Chjdipothu Ramanamma, w/o. venkateswarlu, Aged about 50 years, R/o. D.No. 3-67/1, Ravulakollu village, Ponnalkur Mandal, Prakasam Distirct ...Petitioners/Accused No.1 & 2 AND The State of Andhra pradesh, Rep. by its public prosecutor, High Court Buildings, Nelapadu, Guntur DI-Strict. AmaravatI-. (Through ponnalur poll.ce Stall-on, prakasam District.) ...Respondent/complainant petI-lion under Section 482 of BNSS, 2023 (Old Sectl-on 438 of cr.p.c) is filed praying that len the circumstances stated jn memorandum of grounds of criminal petl-lion, the High Court may be pleased to enlarge the petitioners/Accused No.1 and 2 on bail in the event of their arrest in connection with cr. No.120 of 2024 on the fl'le of ponna'ur police Station, prakasam DI'StrI-Ct On SuCh¢terms and conditions,' The petition coming on for hearing, upon perusing the petition and memorandum J6r grounds of crI'minal petition and upon hearing the
arguments of srj yarramsetty venkatesh, Advocate for the petl-tioners and Public Prosecutor for the Respondent;
Jb APHCOIOO69092025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) [3327] TUESDAY, TH,E TWENTY Fl.FTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO.1472 OF 2025 Between : Chidipothu Venkateswarlu and ...PETITIONER/ACCUSED(S) another AND The State of Andhra Pradesh H.RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S):
1. YARRAMSETTY VEN KATESH Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR The Court made the following ORDER: This -Criminal Petition, under Section 482 of Bharat'lya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioners herein/Al and A2, seeking anticipatory bail, in connection With cr-lme No.120 of 2024 of Ponnalur Police St-ation, Prakasam district. EEi a-.d,rf `.--` >e
A/
2. A case has been registered against the petitioners herein for the offence punishable under Section 118(1) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short lthe BNS'). Subsequently, during the course of investigation, police have altered the section of law from 118(1) of the BNS to one under Section 118(2) of the BNS. 3. Case of the prosecution, in brief, is that there is a land dispute between the de facfo complainant and the accused. While so, on 16.09.2024, at about 05.00 hours, when the de racfo complainant came out of his house for attending calls of nature, Al and A2 beat the de facfo complainant with a stick and caused bleeding injuries on his head. 4. Heard. Perused the record. 5. A perusal of the material on record goes to showthat there is a land dl'spute between the de racfo complainant and the petitioners herein/Al and A2 and in connection with that on the 46 date of incident Al is alleged to have caught hold of the cte facfo \ COmPlainant, Whereas A2, the wife of A1, is alleged to have beat the de facfo complainant with a stick and caused bleeding injury on his head. The alleged I-ncident is said to have taken place on .-
~/ 16.09.2024 at about 05.00 AM, whereas the present complaint was filed on 17.09.2024 at about 05,00 PM. Learned counsel for the petitioners submits that the de facfo complainant was admitted in the hospital and on the very next day he was discharged from the hospital.
He further submits that after lapse / of 35 days, the police have altered the section of law from 118(1) of the BNS to one under section 118(2) of the BNS. The dispute between the de racfo complainant and the petitioners herein is in connection With a compound Wall. 6. In view of the aforesaid facts and circumstances of the case, this C+ourt is inclined to grant anticipatory bail to the petitioners/Al and A2 on the following conditl'ons. i) ln the event of arrest of the petitioners/Al and A2 in the above crime, they shall be enlarged on bail on their executing Personal bonds for a sum of Rs.10,000/-(Rupees Ten Thousand only) each with two sureties of the like sum each to the satisfaction of the concerned Arresting Officer. ii) Petitioners , shall make themselves available for t\ investigation as and when required and that they shall not cause any threat, i,nducement or promise to the prosecution witnesses. e= a.ii= \
To, iii) Petition6rs concerned once ,'n a _.5quys- s:A::I^::pear before the station House offilcer Week i.e. on a`,^l__ - - _._.A I.a. On every saturday between 10.00 :M and o100 PM tNl fillng of the c;:r:ey sOhaeteu:
7. Accordlngly, the crlmlnal Pe{I{IOn ls a"owed Agslnat:seqcu::I{nha:r:too+:+.:h_e_.mISCeIIaneous petI{IOns, lf any, pendlng in this crlmlnaI Pe{ItIOn shat;-s::qn\:ec;:=e:
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4. one MM ?=st:os:u :l=crrparmosQ=:I:+:.e: :at.eS_h , Advocate [o p uc] cos to pubI,c prosecutor, H,gh court ofAP rouTJ spare copy
HIGH COURT SRK,J DATED:25/02/2025
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