IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI MONDAY ,THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL APPEAL NO: 93 OF 2025 Appeal under Section 14A of SC & ST (POA) Amendment Act 2015, against the order dated 01.02.2025 passed in CrI.MP.No. 87 of 2025 in Crime no. 2 of 2025 of II Town Police Station, Rajamahendravaram on the file of the Court Of The Special Judge For Trial Of Cases Under S.Cs & S.Ts (P.O.A) Act - Cum - X Addl. District Judge At Rajamahendravaram. Between: Sri Yerra Ganesh @ Ganji, S/o Satyanarayana, Aged 27 years, D.No.2-18- 32, Anapalavari street, 5 carts market, Nakkalagudem, Innespeta, Rajahmundry. A.C Gardens, Now at ...Appellant/Accused No.1 AND The State of Andhra Pradesh, Through Station House Officer, II Town Police Station, Rajamahendravaram Represented by Public Prosecutor, High court of A.P. ...Respondent Counsel for the Appellant: Sri Duggirala Subash Counsel for the Respondent: Public Prosecutor The Court made the following: APHC010070912025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] i-. V / MONDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL APPEAL NO: 93/2025 Between; 1.SRI YERRA GANESH @ GANJI, S/0 SATYANARAYANA, AGED 27 5 CARTS MARKET, A.C GARDENS, NOW AT NAKKALAGUDEM, INNESPETA, RAJAHMUNDRY. YEARS D.NO.2-18-32, ANAPALAVARI STREET ...APELLANT AND 1.THE STATE OF ANDHRA PRADESH, THROUGH STATION HOUSE OFFICER, II TOWN POLICE STATION, RAJAMAHENDRAVARAM REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF A.P ...RESPODENT Counsel for the Appellant: 1.DUGGIRALA SUBASH Counsel for the Respondent: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: The present criminal appeal has been filed by the Appellant/Accu sed No.2 seeking to set aside the Order dated 01.02.2025 passed in Crl.M.P.No.87 of 2025 in Crime No.2 of 2025 on the file of the Court of Special Judge for trial of cases under SCs & STs (PoA) Act-cum-X Additional District & Sessions Judge, Rajamahendravaram, and to release him on bail. 2. Case of the prosecution, in brief, is that, on 05.01.2024 at about 06.40 p;m., when the husband of the De facto Complainant and his friends were 2 and 6 kept their car as a husband of the De 5 caught hold of ^ Accused Nos.1 to 4 Accused No.1 dragged the car at her house for their passage and boarding a hurdle , Accused Nos.1 and 3 to bottle on his forehead with an Complainant from the car facto beat him with a beer him, Accused No.2 intention to kill him, beat him with hands and kicked him With legs, due to husband of De facto When the , Accused NOS.1 to 5 followed threatened to kill him. When the De facto sustained bleeding injuries. which, he inn towards his house Complainant was running and Appellant/Accused No.1 him of the injured, the and also for the rescue touching their case mother-in-law came Complainant and her beat them also and abused by Accused threatened with dire consequences. Duggirala Subash Ms.K.Priyanka Lakshmi the Appellsint/Accused Public Prosecutor, learned counsel for i learned Assistant 3. Heard Sri No.2 and the State/Respondent. representing 4. Learned counsel for the would submit that the and the present No.1 Appellant/Accused husband of the De facto Complainant is a rowdy sheeter to implicate the Appellant filed with false allegations submitted that Learned counsel complaint has been herein in the alleged crime. material part of the would further submit . Learned counsel would bail. Learned abide by the It is completed. investigation has been Appellant has been in jail since 11.01.2025 that the already released on ready to further submit that Accused No.4 was counsel would finally submit that the Appellant is 3 conditions imposed in the event of grant of bail. Hence, prayed to enlarge the Appellant on bail. 5. Learned Assistant Public Prosecutor opposed the petition and would submit that there are criminal antecedents against the Appellant. 6. The bail application filed before the trial Court has been dismissed vide Order dated 01.02.2025 in Crl.M.P.No.87 of 2025 on the ground that material part of the investigation was pending. It is contended by the Appellant that he is falsely implicated in the present crime. 7. A bare perusal of the copy of the Wound Certificate of the injured would disclose that the injury sustained by him in the alleged incident is a minor abrasion. It is not the stage to decide the culpability of the Appellant / Accused No.l in the commission of the alleged offences, by accepting the allegations make against him and it requires examination at full length of trial. 8. In view of the submission that the material part of the investigation has been completed and the Appellant /Accused No.l has been in judicial I custody since 11.01.2025, the question of tampering with the evidence, does not arise. In such circumstances, this Court is inclined to enlarge the Appellant / Accused No.l on bail. However, it is made clear that the observations made in this Appeal are with regard to granting of bail to the Appellant / Accused No.l, but not on the merits of the case. 9. In the result, the Criminal Appeal is allowed setting aside the Order dated 01.02.2025 passed in Crl.M.P.No.87 of 2025 in Crime No.2 of 2025 on the file of the Court of Special Judge for trial of cases under SCs & STs V 4 (PoA) Act-cum-X Additional District & Sessions Judge, Rajamahendravaram and consequently bail is granted to the Appellant / Accused No.1 on the following conditions: The Appellant / Accused No.1 shall be released on bail on his executing a personal bond for Rs.20,000/- (Rupees twenty thousands only) with two sureties for a like sum each to the satisfaction of the trial Court. On release, the Appellant shall appear before the Station House Officer, concerned, thrice in a week i.e. Saturday and Sunday between 10.00 a.m. and 05.00 p.m., until further orders. The Appellant is directed not to hamper the investigation and tamper with the prosecution witnesses. It is made clear that the Appellant shall scrupulously comply with the above conditions and breach of any of the above conditions will be viewed seriously and prosecution is at liberty to move application for cancellation of the bail, sequel thereto, miscellaneous petitions pending, if any, shall stand I. on every Friday, IV. an As a closed. Sd/- E KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER Special Judge for Trial of Cases under S.Cs & S.Ts (P.O.A) Cum - X Additional District Judge, Rajamahendravaram Godavari District. V Additional Judicial First Class Magistrate, Rajamahendravaram, To 1. The East Act - 2. The East Godavari District. Superintendent, Central Prison, Rajamahendravaram East 3. The Godavari District. (By Speed Post) 4. The Station House Officer, II Town Police Station, Rajamahendravaram, East Godavari District. 5. One CC to Sri Duggirala Subash, Advocate [OPUC] 6. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh at Amaravathi [OUT] 7. The Section Officer, Criminal Section, High Court of Andhra Pradesh. 8. Three CD Copies Stu sree HIGH COURT DATED:03/03/2025 ORDER CRLA.No.93 of 2025 5 0 3 MAR 2025 ^ Currant Section . ^ Sf^gSpATCV^*^^ ALLOWING THE CRIMINAL APPEAL