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2026 DAILYLAW 27447 (AP)

Mogiliguntla Rajasekhar alias Thippadu v. The Station House Officer

CRLP/13241/2025 · 2026-01-22

Venkata Jyothirmai Pratapa

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Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVaK^ FRIDAY, THE TWENTY THIRD DAY OF JANUARY^ TWO THOUSAND AND TWENTY SIX : PRESENT: ^ THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 13241 OF 2025 Between: Mogiliguntia Rajasekhar @ Thippadu, S/o. M. Koteswara Rao, Aged about 27 years, R/o.Bitragunta, Bogolu Mandal, SPSR Nellore District. Petitioner/Accused No.4 AND The Station House Officer, Kandaleru Police ^^tion. Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amarava^ #. Respondent Petition under Section 4^ an3^83 of BNSS is filed praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge the petitioner/Accused No.4 on bail in Cr. No. 16/2025 of Kandaleru Poli^Station, SPSR Nellore^trict Counsel for the Petitioner: Sri C.Subodh Counsel for the Respondent: Public Prosecutgr- THE COURT MADE THE FOLLOWING , 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO; 13241 of 2025 r> r" uRuck: The Criminal Petition under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2024 (for short ‘BNSS’) has been filed by the petitioner/accused, seeking regular bail in Cr.No.16 of 2025 of Kandaleru Police Station, SPSR Nellore District, registered for the offences punishable under Sections 103(2), 140(1), 61(2), 238, 49 of BNS and Section 67 (a) of IT Act, 2000-2008. Case of the prosecution, in brief, is that the de facto complainant 2. lodged a report on 17.05.2025 stating that on 16.05.2025 at about 05:00 A.M., his father left home to their shop. At about 10:30 P.M. on the same day, the deceased telephoned the complainant’s mother and informed her that he would be returning home for meals. However, he did not return thereafter. The complainant and other family members searched for the deceased throughout the night, but his whereabouts could not be traced. On 17.05.2025 at about 08:30 A.M., while continuing the search, they found the dead body of the deceased lying on the left side of the road near the culvert within the limits of Bativally village, bearing multiple injuries and cut marks. Based on the said report, a crime was initially registered for the offence under Section 103(1) of the Bharatiya Nyaya Sanhita (BNS). Subsequently, after conducting investigation, the police altered the sections of law to 3 Sections 103(2), 140(1), 61(2), 238, 49 of BNS and Section 67 (a) of IT Act 2000-2008. 3. Heard Sri C. Subodh, learned counsel for the Petitioner, Smt. Santhi Sree Vallabhaneni, learned Legal Aid counsel for the respondent No.2 in CrI.P.No.12678 of 2025 and Mrs. K. Priyanka Lakshmi, learned Assistant Public Prosecutor, representing the State/Respondent. 4. Learned counsel for the petitioner would submit that the petitioner herein is the accused No.4 and he has been in judicial custody since 24.05.2025. Learned counsel for the petitioner would submit that no criminal antecedents are pending against the petitioner. He would further submit that the accused Nos. 3 & 6 are released on bail in this matter. Learned counsel for the petitioner would further submit that it is alleged against the petitioner/accused No.4 that he in conspiracy with the other accused committed murder of the father of the defacto complainant, because of his love affair with the daughter of the deceased. Learned Assistant Public Prosecutor representing the State would 5. submit that the petitions filed by the accused Nos.1 and 7 in CrI.P.Nos.10578 and 11050 of 2025 respectively, which were dismissed by the learned Single Judge of this Court dated 03.11.2025 and there are no change of circumstances from the date of dismissal of earlier applications. Still F.S.L. report is not received in this matter. Charge sheet is filed in this matter and the same is at PRC stage vide PRC.No.22 of 2025. Learned , 4 Assistant Public Prosecutor vehemently opposed the petitions and sought for dismissal of the petition. Considering the submissions made and on perusal of the material on record, in the light of the change of circumstances from the date of the earlier Orders i.e., now the Court has taken cognizance and numbered it as PRC No.22 of 2025. Be that as it may, the petitioner has been in judicial custody since 24.05.2025 and the trial may take considerable period of time for disposal of the matter. In that view of the matter, this Court is inclined to release the petitioner/accused No.4 on the following conditions; 6. The Petitioner/Accused No.4 shall be released on bail on his executing a personal bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the learned Additional Judicial Magistrate of First Class, Gudur. On release, the Petitioner/Accused No.4 shall appear before the Station House Officer, concerned, once in every two days i.e., Monday, Wednesday, Friday, Sunday of every week, between 10.00 a.m. and 05.00 p.m., till the disposal of the case. The Petitioner/Accused No.4 is directed not to hamper the investigation, tamper with the prosecution witnesses and meet/contact the daughter of the deceased, either physically or over phone or any other means. It is made clear that the Petitioner/Accused No.4 shall pulously comply with the above conditions and breach of any of the above conditions will be viewed seriously and prosecution is at liberty to move an application for cancellation of the bail. II. IV. scru 5 7. In the result, these Criminal Petition is allowed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. SDI- M.PRABHAKARA RAO DEPUTY/i^EGISTRAR //TRUE COPY// OFFICER SECTI To, 1. The Addl. Judicial Magistrate of First Class, Gudur 2. The Superintendent, Central^il, Nellore. SPSR Nellore District^ 3. The SHO, Kandaleru PS, SPSR Nellore District 4. One CC to Sri C Subodh, Advocate [OPUC] 5. Two CCs to Public ProsecutorJHigh Court of Andhra Pradesh [OUT] " 6. One spare copy HIGH COURT DR.VJP, J DATED: 23/01/2026 BAIL ORDER CRLP.No.13241 of 2025 ALLOWED ? a: ‘ tp P9 ★ ★