i /:/5L /// Jrt IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY ,THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 1795 OF 2025 Between : Somisetti Rama Kota Satya Prasad @ R K Satya Prasad, S/o Ramarao, Aged 45 years, R/o Motupalli Vari Street,19th ward, Bhimavaram-1. Presently R/o D.No. 15-276, PiIIalamari Agraharamveedhi, Akiveedu Vl'llage and MandaI, West Godavari District. Petitioner AND The State of Andhra Pradesh, Rep. by its Publl'c Prosecutor High Court of Andhra Pradesh at Amaravathi, Guntur District, and Station House Officer, Bhimavaram Two Town Police Station, Bhimavaram, West Godavari District. Respondent Petition under sections 437 and 439 df Cr.P.C(New Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita,2023), is filed praying that l'n the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioner On bail pertaining Crime No. 25 of 2025 on the file of Bhimavaram ll Town Police Station, West Godavari District. The petition comI'ng On for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri KUDUPUDI SINDHURA, Advocate for the Petitl'oner and of PUBLIC PROSECUTOR for Respondent, the court made the following ORDER APHCE:ife=i2025 lN THE :::elc:aA:T:A:gII*ga:A:VuN#EHL:c:lopn:ADESH [3369] TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO Between : somisetti Rama Kota Satya Prasad @ R K ...PETITIONER/ACCUSED Satya Prasad AND TheStateOfAndhraPradesh .,.RESPONDENT/COMPLAINANT counsel for the petitioner/accused|. 1.KUDUPUDI SINDHURA counsel for the Respondent/COmPlainant'. 1. PUBLIC PROSECUTOR The Court made the fOllOWing'. QBBEBi Th®ls Criminal Petition u/See.480 & 483 of Bharatiya Nagarik suraksha sanhita, 2023, has been filed by the Petitioner/Al seeking regular ba" in cr.No.25/2025 of BhimaVaram u Town Pot-lee Station, West Godavari district. 2, The above Said Crime Was registered against the Petitioner/Al for the offence pun-[shable u/see.137(2) r/w Sec.3(5) of the Bharat'lya Nyaya sanh®lta, 2023 (for short lthe BNS Act'). Later the Section Of law Was - ---_i ` =--`` .I,SjE offences are less than seven r, altered to sees.61(2), 204, 319(2),140(1),140(2) and 308(5) I/w 3(5) of the BNS Act. 3. The case of the prosecutI|On, I-n brI|ef, ,'s that, on 16.01.2025, at about ll.50 am, the complaI'nant reported that his father Its dot-ng prawn culture and f,-nance business. on 16.01.2025 at ll.40 am, he accompanied by his father, grand-father and grand-mother went to Town Ral'lway statllOn, Bhjmavaram-2 at ll.50 am I'n their car to go to Hyderabad for his grand-mother's heart surgery, followl-ng whlch he parked the car jn front of RaI-Iway stall-On and took luggage and they went to the platform, but his father stood at the car. Later, when he came back, his father was not there near the car. on enquirl-ng the nelghbours, he came to know that hI'S father was kidnapped by four un-known persons who tlghtly hold his hands and legs and taken hI|m I-ntO the car bear,'ng Reg.No.AP39 LR 6788 and fled the spot, when he dI'd Phone ca" to hI'S father, I-t Was SWI'tChed off. Hence, the present crI'me has been regl'stered. 4. Learned counsel for the petl'tjoner contended that the alleged years and on that ground the learned Magistrate has not remanded A2 and he was released on the ground that poll'ce off,'cI'alS faI'led to follow the procedure contemplated u/see.35 of B.N.S.S. He further contended that Al on hls own surrendered before the court and thereby he was remanded to judI'Cial custody. He also stated that crime has to be registered against Al to A12, most of the a-, `- --- \ accused were released on bail. He submitted that according to the Prosecution Of the Case, A5 to A9 participated in the act of kidnapping and A2 was also present along with A5 to A9, but they were released on bail, as such, prays to allow the criminal petition. 5- On the other hand, learned Assistant Public Prosecutor opposed to grant bail. He submitted that A3, A4, All to A13 are yet to be arrested. He further submitted that the petitioner has no antecedents. 6. Heard both sides. 7. Perused the entire material on record. 8. After careful observation of the material on record and submissions made on behalf of both sides, as seen from the prosecution, there are money transactions took place between A1, A2 and an amount of Rs.10,70,00,000/-was due to the victim. It seems that it is the case of the prosecution to recover the said amount from the victim, an attempt was made to kidnap the victim. Evidently, the petitioner has been in judicial custody from 28.01.2025. Without going into the correctness of the contentions raised, as the offences alleged against the petitioner are Punishable with imprisonment of seven years and most of the investigation pertains to the role played by the accused might have completed. It is submitted that the petitioner is a permanent resident of Bhimavaram, as such there is no possibility of his fleeing away from rI ~r justl'ce. The petitioner has no antecedents, this court is inclined to grant bail to the petitioner. 9. In the result, the criminal petition is allowed with the followI'ng conditions: i. The petitl'oner/Al shall bet released on bail on his executing a Personal bond for Rs.50,000/-(Rupees fifty thousand only) each with two (02) suretI'eS for a ll®ke sum each to the satl-sfactl'on of the learned lI Additional civl-I Judge (Junior Division) Bhimavaram-Gum-lI Additional First Class Magistrate, Bhimavaram; ii. After release, the petitioner shall appear before the station House Officer concerned, on every sunday between 10.00am to 01.00pm for a period of two (2) months; and iii. that the petitioner is directed not to hamper the investigation and tamper with the prosecutl'on witnesses. ?P!TU.SRI D _ _I v.Vf| ASSISTiinF 'EE //TRUE COPY// SEcTION For`AOo|-. - - 1. The lI Additional Civil Judge(Junior Division) Bh'lmavaram cum ll Additional First Class Magistrate, Bhimavaram. 2. The Superintendent, Sub Jail, Bhimavaram. 3. The Station House Officer, Bhimavaram Two Town Police Station, Bhimavaram, West Godavari District. 4. One CC to SRl. KUDUPUDI SINDHURA Advocate [OPUC] 5. Two CCs to the PUBLIC PROSECUTOR, High Court ofA.P [OPUC] 6. One spare copy Tol psk HIGH COURT TMR,J DATED.I o4/03/2O25 BAIL ORDER CRLP.Nol1795 of 2O25 ALLOWED