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2026 DAILYLAW 3371 (AP)

Mungi Ganga Raju v. The State of Andhra Pradesh

CRLP/4513/2026 · 2026-06-21

Y Lakshmana Rao

body2026

Judgment text

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APHC010283352026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE TWENTY SECOND DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NOs: 4565 and 4513 of 2026 1.CRIMINAL PETITION NO: 4565/2026 Between: 1. CHELABOYINA VEERA BABU, , S/O NARASIMHA MURTHY,AGED ABOUT 40 YEARS, R/O DODDIGUNTA VILLAGE,RANGAMPETA MANDAL, EAST GODAVARI DISTRICT. 2. MADIKI VENKATA RAO ALIAS LAZAR, , S/O KRISHNA MURTHY,AGED ABOUT 48 YEARS, R/O DODDIGUNTA VILLAGE,RANGAMPETA MANDAL, EAST GODAVARI DISTRICT, 3. ADABALA VEERABABU, S/O VASANTHA VASANTHAAGED ABOUT 38 YEARS, I/O PEDDA DODDIGUNTA VILLAGE,RANGAMPETA MANDAL, EAST GODAVARI DISTRICT 4. ADABALA NARAYANA MURTHY, , S/O DURGA RAO,AGED ABOUT 23 YEARS, I/O PEDDA DODDIGUNTA VILLAGE,RANGAMPETA MANDAL, EAST GODAVARI DISTRICT 5. CHELABOYINA VEERA BABU, , S/O NARASIMHA MURTHY,AGED ABOUT 40 YEARS, R/O DODDIGUNTA VILLAGE,RANGAMPETA MANDAL, EAST GODAVARI DISTRICT ...PETITIONERS/ACCUSED Nos.1,2,5,7 &8 AND THE STATE OF ANDHRA PRADESH, Through Rangampeta Police Station, Rangampeta Mandal, East Godavari District, Represented by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. ...RESPONDENT/COMPLAINANT 2 Dr.YLR,J Crl.P.Nos.4565 and 4513 of 2026 Dated 22.06.2026 Counsel for the Petitioner/accused(S): A K KISHORE REDDY Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2.CRIMINAL PETITION NO: 4513/2026 Between: MUNGI GANGA RAJU, , S/O LAKSHMINARAYANAOCC ADVOCATE, R/O.3-90/1, VENKATAPURAM,RANGAMPETA MANDAL,EAST GODAVARI DISTRICT-533291 ...PETITIONER/ACCUSED No.9 AND THE STATE OF ANDHRA PRADESH, Through Rangampeta Police Station, Rangampeta Mandal, East Godavari District, Represented by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: A K KISHORE REDDY Counsel for the Respondent/complainant: PUBLIC PROSECUTOR The Court made the following: COMMON ORDER: These two Criminal Petitions are heard together and are being disposed of by this common order, as the petitioners in the two petitions are different, but the crime registered against them is one and the same. 3 Dr.YLR,J Crl.P.Nos.4565 and 4513 of 2026 Dated 22.06.2026 2. The Criminal Petition No.4565 of 2026 has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioners/Accused Nos.1, 2, 5, 7 and 8 on bail in Crime No.77 of 2026 of Rangampeta Police Station, East Godavari District, registered against the Petitioners/Accused Nos.1, 2, 5, 7 and 8 herein for the offences punishable under Sections 329(4), 115(2), 351(2), 140(2) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’). 3. 3. The Criminal Petition No.4513 of 2026 has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the Petitioner/Accused No.9 for granting of pre-arrest bail in connection with Crime No.77 of 2026 of Rangampeta Police Station, East Godavari District, registered against the Petitioner/Accused No.9 herein for the offences punishable under Sections 329(4), 115(2), 351(2), 140(2) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’). 4. The case of the prosecution, in brief, is that on 23.04.2026 at about 11:30 p.m., Accused Nos.1 to 4 and others criminally trespassed into the house of the complainant, abused the complainant and her husband in filthy language, dragged the complainant's husband from the bed, and assaulted him by beating him. It is alleged that the accused threatened the complainant's husband to cast his vote in favour of their party in the forthcoming Doddigunta Fishermen Cooperative Society elections. When the complainant's husband refused to do so, the accused allegedly threatened to 4 Dr.YLR,J Crl.P.Nos.4565 and 4513 of 2026 Dated 22.06.2026 intimidate him with dire consequences if he raised any alarm. Thereafter, all the accused forcibly took away the complainant's husband from the house by holding his collar and dragging him away. As the complainant was unaware of the whereabouts of her husband and apprehended danger to his life, she lodged a report with the Rangampeta Police. Hence, the present case. 5. Mr.A.K.Kishore Reddy, the learned counsel for the petitioners, submits that the petitioners are innocent of the alleged offence and they have been falsely implicated by the police. It is further submitted that the petitioners are the sole earning members of the family and, therefore, their incarceration would cause undue hardship to their dependents. The petitioners undertake to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing submissions, learned counsel prays that the present petition be allowed in the interest of justice. 6. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioners, submitting that the petitioners, along with the other accused, criminally trespassed into the house of the complainant, assaulted the victim, and forcibly took him away. The investigation is still underway and several material witnesses remain to be examined. It is further submitted that if the petitioners are released on bail at this stage, there is a strong likelihood that they may abscond, thereby hampering the ongoing investigation and evading the process of law. In view of the foregoing submissions, it is urged that the petition be dismissed. 5 Dr.YLR,J Crl.P.Nos.4565 and 4513 of 2026 Dated 22.06.2026 7. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record. 8. In Criminal Petition No.4565 of 2026, the petitioners are arraigned as Accused Nos.1, 2, 5, 7 and 8. The petitioners were arrested on 25.04.2026. They have been in judicial custody for the past 59 days. The petitioners/Accused Nos.1, 2, 5, 7 and 8 do not have adverse antecedents in similar cases. So far, eight witnesses have been examined. They are all official witnesses. The petitioners may not be in a position to threaten the official witnesses or tamper with the evidence. The petitioners are permanent residents of Doddigunta Village, East Godavari District. They have got a fixed abode. A substantial portion of the investigation has been completed. If the petitioners are enlarged on bail with some stringent conditions, the interests of justice would be sub-served. 9. In Criminal Petition No.4513 of 2026, the petitioner is arraigned as Accused No.9. He is an Advocate and a permanent resident of Rangampeta Mandal, East Godavari District. He has got fixed abode. There are no specific allegations levelled against him. So far, eight witnesses have been examined. They are all official witnesses. A substantial portion of the investigation has been completed. The petitioner may not be in a position to threaten the official witnesses or tamper with the evidence. Having regard to the facts and circumstances of the case, this Court is inclined to enlarge the 6 Dr.YLR,J Crl.P.Nos.4565 and 4513 of 2026 Dated 22.06.2026 petitioner/Accused No.9 on pre-arrest bail, subject to certain stringent conditions. 10. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioners/Accused Nos.1, 2, 5, 7 and 8, this Court is inclined to enlarge the Petitioners/Accused Nos.1, 2, 5, 7 and 8 on bail with some stringent conditions. 11. In the result, these two Criminal Petitions are allowed with the following stringent conditions: i. The Petitioners/Accused Nos.1, 2, 5, 7 and 8 shall be enlarged on bail subject to their executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties each for the like sum each to the satisfaction of the learned Additional Judicial First Class Magistrate, Peddapuram. ii. In the event of his arrest, the petitioner/Accused No.9 shall be enlarged on bail subject to his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for the like sum each to the satisfaction of the Station House Officer, Rangampeta Police Station, East Godavari District. iii. The Petitioners/Accused Nos.1, 2, 5 and 7 to 9 shall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and 05:00 pm, till filing of the charge sheet. 7 Dr.YLR,J Crl.P.Nos.4565 and 4513 of 2026 Dated 22.06.2026 iv. The Petitioners/Accused Nos.1, 2, 5 and 7 to 9 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. v. The Petitioners/Accused Nos.1, 2, 5 and 7 to 9 shall not commit or indulge in commission of any offence in future. vi. The Petitioners/Accused Nos.1, 2, 5 and 7 to 9 shall cooperate with the investigating officer in further investigation of the case and shall make themselves available for interrogation by the Investigating Officer as and when required. vii. The Petitioners/Accused Nos.1, 2, 5 and 7 to 9 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court. _________________________ DR. Y. LAKSHMANA RAO, J Date: 22.06.2026 RSI 8 Dr.YLR,J Crl.P.Nos.4565 and 4513 of 2026 Dated 22.06.2026 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NOs: 4565 and 4513 of 2026 Date: 22.06.2026 RSI