APHC010174392021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY,THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 2813/2021 Between: KESABOYINA RAMA PRASAD,, S/O KRISHNAIAH, AGED ABOUT 40 YEARS, OCC. BUSINESS, .SIDENT OF FLAT NO.310, RRR RESIDENCY, LD BUS STAND CENTER, MANGALAGIRI, GUNTUR DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PUBLIC PROSECUTOR, THROUGH THE STATION HOUSE OFFICER, MANGALAGIRI TOWN P.S.,HIGH COURT OF JUDICATURE AT AMARAVATHI. 2. THOTA SRINIVASA RAO, @ THOTA SRINU, S/O. VEERA RAGHAVULU, AGED ABOUT 45 YEARS, YADAVA, DWARAKA NAGAR, MANGALAGIRI TOWN (AL). 3. THOTA PANAKALU PANAIAH, S/O NARSIMHARAO AGED ABOUT 33 YEARS,YADAVA CASTE, NEAR SIVALAYAM,NAVULURU VILLAGE,MANGALAGIRI MANDAL, GUNTUR DISTRICT(A2) 4. RUDRU GOPI, S/O.URNA. MA.HESWARA RAO, AGED 32 YEARS, YADAVA, NEAR ANJANEYA SWAMY TEMPLE, NAVULURU VILLAGE, MANDALAGIRI MANDAL, GUNTUR DISTRICT. (A3). 2 Dr. YLR, J Crl.P.No.2813 of 2021 Dated 22.01.2026 5. THOTA SAMBASIVA RAO SAMBAIAH, SIC). NARASIMHARAO, AGED 36 YEARS, YADAVA, NAVULURU VILLAGE, MANGALAGIRI MANDAL, GUNTUR DISTRICT. (A4). 6. THOTA SRIKANTH, S/O.AMMARAO, AGED 27 YEARS, YADAVA, NEAR WATER TANK, NAVULU VILLAGE, MANGALAGIRI MANDAL, GUNTUR DISTRICT. (A5). 7. CHINTA SIVAPRASAD, S/O. NAGARAJU, AGED 22 YEARS, KAPU, DWARAKA NAGAR, MANGALAGIRI TOWN. (A6). 8. YENUGU KISHORE, SIO. SATYANARAYANA, AGED 49 YEARS, TELAGA, NEAR KONERU, MANGALAGIRI TOWN, GUNTUR DISTRICT. (A7). 9. KURRA SAMBASIVA RAO KURRA SIVA, S/O. SUBRAMANYAM, AGED 36 YEARS, YADAVA, DWARAKA NAGAR, MANGALAGIRI TOWN (A8), 10. CHAVALI MURA LIKRISHNA, S/O. ULLAIAH, AGED 29 YEARS, YADAVA, YARRABALEM VILLAGE, MANGALAGIRI MANDAL, GUNTUR DISTRICT. (A9). 11. THOTA SAIDULU BABU SAIDULU, S/O.NARASIMHA RAO, AGED 23 YEARS, YADAVA, DWARAKA NAGAR, MANGALAGIRI TOWN. (A10). 12. SHAIK VAJEER SULTAN, S/O.MAHABOOB SUBHANI, AGED 46 YEARS, MUSLIM, BHAVANI HOSPITAL ROAD, KOTHAPET, MANGALAGIRI TOWN, (ALL). 13. NALLAGORLA SINIVASA RAO BULLABBAI, S/O.VENKATESWARA RAO, AGED 49 YEARS, YADAVA, DWARAKA NAGAR, MANGALAGIRI TOWN. (AL2). ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: SURESH KUMAR REDDY KALAVA 3 Dr. YLR, J Crl.P.No.2813 of 2021 Dated 22.01.2026 Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) 2. V SESHA KUMARI The Court made the following: ORDER: The Criminal Petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.,’)/Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’)seeking to quash the proceedings against the Petitioner/Accused No.13 in Crl.M.P.No.110 of 2021 in Cr.No.207 of 2019 in P.R.C.No.32 of 2019 of Mangalagiri Town Police Station on the file of the learned Additional Junior Civil Judge, Mangalagiri, Guntur District. 2. Heard the learned counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record. 3. No representation for Respondent Nos.2 to 13. 4. The Criminal Petition has been filed challenging the order, dated 09.02.2021 passed in Crl.M.P.No.110 of 2021 in Cr.No.207 of 2019 in P.R.C.No.32 of 2019 of Mangalagiri Town Police Station, on the file of the learned Additional Junior Civil Judge, Mangalagiri, Guntur District, whereby an application filed under Sections 451 and 457 of ‘the Cr.P.C’ seeking interim custody of the plaint schedule property, namely cash of Rs.28,40,000/-, was 4 Dr. YLR, J Crl.P.No.2813 of 2021 Dated 22.01.2026 dismissed on the ground that the said amount was contributed by Accused Nos.1, 7 and 13 for the alleged murder of the deceased. 5. The learned Trial Court observed that the property cannot be returned to the petitioner/Accused No.13 until the disposal of the case. It was further observed that since the schedule property is liquid cash, it cannot be granted even for interim custody to the petitioner/Accused No.13, who is facing allegations relating to the murder of the deceased. 6. Therefore, the petitioner was therefore required to await the verdict of the learned Trial Court. 7. In view of the above, the Criminal Petition is disposed of. However, the Petitioner is at liberty to move an appropriate application after the passing of the judgment of the learned Trial Court. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 22.01.2026 PRA 5 Dr. YLR, J Crl.P.No.2813 of 2021 Dated 22.01.2026 58 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.2813 of 2021 Date:22.01.2026 PRA