Ankireddi Rama Subba Reddy v. The State of Andhra Pradesh,
CRLRC/282/2025 · 2025-05-08
T Mallikarjuna Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8559 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8559 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
. t ■ ^ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI FRIDAY ,THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE i PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL REVISION CASE NO: 282 OF 2025 Revision filed under Section 438 & 442 of BNSS praying that aggrieved by the order dated 17-12-2024 passed in CrI. M.P No.1697 of 2024 by the Hon’ble Judicial First Class Magistrate, Kadiri, in Cr.No.104 of 2024 of Nallacheruvu P.S. for offences U/s 11(1)(a), 11(1)(b) Prevention of cruelty to Animals Act 1960 and Section 10 of AP Prohibition of Cow Slaughter and Animal Preservation Act, 1977. Between:
1. Ankireddi Rama Subba Reddy, S/o Rami Reddy Aged about 63 years, agriculturist, R/o Sydapuram, Thoduru Mandal, YSR Kadapa District. ...PETITIONER(S) AND
1. The State of Andhra Pradesh,, Nallacheruvu Police Station, Ananthapuram District, Rep. by its Public Prosecutor, High Court of A.P. Amaravati.
2. R. Raghuram Sharma, , (De-facto Complainant) S/o MV Ramachandra Aged about 41 years, R/o D No. 107-A, Astalakshmi Street, Kadambathur Post and Mandal, Tiruvalluru District, Tamilnadu State ...RESPONDENTS
fie Counsel for the Petitioner(s):SRI. K V RAGHU VEER Counsel for the Respondents: PUBLIC PROSECUTOR The Court made the following:
1 APHC010092772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] FRIDAY, THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL REVISION CASE NO: 282/2025 Between: ...PETITIONER Ankireddi Rama Subba Reddy AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner:
1.KVRAGHU VEER Counsel for the Respondent(S):
1. PUBLIC PROSECUTOR The Court made the following ORDER: The Criminal Revision Case, has been filed by the petitioner/claimant, under Section 438 and 442 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for BNSS’), aggrieved by the
order dated 17.12.2024 passed in
1. short, Crl.M.P.No.1697 of 2024, in connection with Crime No.104 of 2024 of Nallacheruvu Police Station, on the file of II Additional Judicial Magistrate of First Class, YSR Kadapa, whereby the petition filed by the revision petitioner, ■ under Section 503 of BNSS seeking interim custody of the crime property (seized bulls), was dismissed. The revision petitioner asserts that he is the claimant and lawful owner of the livestock, which consists of seven white coloured bulls, purchased on
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2 ■ 21.11.2024, at the Agriculture Market Committee in Pulivendula. On 22.11.2024, the 1®^ respondent/Police, seized the aforementioned livestock based on a false complaint lodged by the de facto complainant. The complaint falsely accused the petitioner of engaging in illegal cattle trafficking through Andhra Pradesh, originating from Telangana and Karnataka. The petitioner further contends that the livestock was acquired to support his livelihood, and that immediate access to grazing and watering is essential to prevent the animals from perishing due to starvation. He further assures the Court that he will produce the livestock whenever required. Heard Sri K.V. Raghuveer,
learned counsel for the petitioner, and learned Assistant Public Prosecutor appearing for the 1®* respondent. 3. The learned counsel for the petitioner submits that the bulls seized in connection with the above-mentioned case are the property of the petitioner. The petitioner purchased these bulls as a means to sustain his livelihood and has been diligently caring for them. The de facto complainant appears to have filed the complaint under the mistaken belief that the petitioner was involved in illegal cattle trafficking through Andhra Pradesh, originating from Telangana and Karnataka. The investigation has since been concluded, and the police have submitted a report to the Court concerning the seizure of several cattle. Given the critical role these cattle play in the petitioner’s livelihood, he now seeks the interim custody of the seized cattle. 4. During the pendency of the present revision case, on 09.04.2025, this Court directed the petitioner to file an affidavit specifying the location where the cattle will be kept once released, along with the details of the property and further directed that the information must be provided to the Sub-Inspector of Police for verification of the availability of such a place. In this regard, the petitioner has filed an affidavit before this Court', affirming that he has provided information regarding a house bearing D.No.3/15, located in Sydapuram village, Thoduru Mandal, YSR District, which is used to provide protection and shelter to the cattle. The premises are equipped with a cattle shed that offers
5. 3 all necessary facilities for the bullocks, which are intended solely for agricultural purposes. The learned Assistant Public Prosecutor submits that the Station House Officer has verified the information provided by the petitioner and confirmed its correctness. A perusal of the record reveals that the Respondent-State has not disputed the petitioner’s claim of ownership over the seized property. The petitioner has submitted a receipt showing the value of the seized property, which appears to be unreasonable. The allegation against the petitioner that he was involved in illegal cattle trafficking, remains a matter to be adjudicated during the course of trial. The petitioner has also submitted an undertaking, assuring that he will take proper care of the bullocks, ensuring they receive adequate water, fodder, and regular check ups from the veterinary doctor available in the village.
Furthermore, the petitioner has committed to producing the bullocks whenever required and guarantees that he will not dispose of the bullocks pending the resolution of the case. The learned counsel for the petitioner and the learned Assistant Public Prosecutor placed reliance on the
order passed by this Court in Crl.R.C.No.143 of 2024, which involved similar facts and circumstances. Upon considering the submissions made and perusing the said order, this Court is of the view that the present Revision Case can be disposed of on similar terms and conditions. Having considered the
facts and circumstances of the case, the
submissions advanced by the learned counsel for the petitioner and the learned Assistant Public Prosecutor, as well as the undertaking furnished by the petitioner, this Court is inclined to dispose of the revision case by imposing the following conditions, with the intent of ensuring the protection of the property during the course of trial and safeguarding the scheduled bulls from any possible misuse by the petitioner; (1)The respondent-police shall release the seven white coloured bulls to the petitioner and the petitioner shall maintain the bulls by
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4 giving sufficient food and water. ■ (2) The 1®' Respondent Police shall conduct a panchanama in the presence of a Revenue Official and two respected elders from the locality where the bulls are currently kept, ensuring that each bull is properly identified and marked with a seaj and label. (3) The petitioner shall take the scheduled bulls to the veterinary hospital at his expenses for examination by the veterinary doctor regarding their age and health condition of the bulls and the report of the veterinary doctor shall be submitted to the 1®* respondent police. (4) The petitioner shall inform the S.H.O., concerned regarding death or any other ill-health of the bulls and on such incident, the S.H.O. shall conduct panchanama and submit report before the trial Court. (5) The petitioner shall execute a personal bond of Rs.1,40,000/- (Rupees one lakh forty thousand only) with two local sureties by executing their personal bonds likewise for which the petitioner and sureties are jointly and severally liable if there is any violation against the released scheduled bulls. Accordingly, the Criminal Revision Case is allowed.
8. As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Revision Case, shall stand closed.
SD/- V SATYANARAYANA DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Judicial Magistrate of First Class, Kadiri
2. The Station House Officer, Nallacheruvu Police Station, Ananthapuram District
3. One CC to SRi. K V RAGHU VEER Advocate [OPUC]
4. Two CC to the PUBLIC PROSECUTOR, High Court of AP [OUT]
5. Three CD Copies #
HIGH COURT DATED:09/05/2025
ORDER CRLRC.No.282 of 2025 CRIMINAL REVISION CASE IS ALLOWED.