Andhra Pradesh High Court

CRLP/8963/2024 of BASANI REDDY GOPAL NAIDU Vs THE STATE OF ANDHRA PRADESH on 31 December 2024

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HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT HONOURABLE SRI JUSTICE NYAPATHY VIJAY CRIMINAL PETITION No.8963 of 2024 Between: 1. Basani Reddy Gopal Naidu, S/o.Reddappa Naidu, Aged about 50 Years, R/o.N.Battavaripalle,

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

TUESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOURTWO THOUSAND AND TWENTY FOUR

PRESENT

HONOURABLE SRI JUSTICE NYAPATHY VIJAY

CRIMINAL PETITION No.8963 of 2024

Between:

1. Basani Reddy Gopal Naidu, S/o.Reddappa Naidu, Agedabout50Years, R/o.N.Battavaripalle, Rathiguntapalli Village, Kalakada Mandal,Chittoor District.Years, R/o.N.Battavaripalle, Rathiguntapalli Village, Kalakada Mandal,Chittoor District.

2. Basani Sunitha, W/o.Basani Reddy Gopal Naidu, Aged about 42 Years,R/o.N.Battavaripalle, Rathiguntapalli Village, Kalakada Mandal, ChittoorDistrict.R/o.N.Battavaripalle, Rathiguntapalli Village, Kalakada Mandal, ChittoorDistrict.

3. ChappidiRevathi,W/o.ChappidiSuresh,Agedabout31Years,R/o.N.Battavaripalle, Rathiguntapalli Village, Kalakada Mandal, ChittoorDistrict.R/o.N.Battavaripalle, Rathiguntapalli Village, Kalakada Mandal, ChittoorDistrict.

...Petitioners/Accused

AND

The State of Andhra Pradesh, Represented by its Public Prosecutor,High Court of Andhra Pradesh, at Amaravati.

...Respondent

Petition under Section 482 of BNSS praying that in the circumstancesstated in the Memorandum of Grounds of Criminal Petitionthe High Courtmay be pleased to direct the S.H.O. of Madanapalle RuralPoliceStation,Annamayya District to enlarge the Petitionerson bailin the event of theirarrest by the Police in Crime No.469 of 2024on the file of the MadanapalleRural Police Station, Annamayya District, for the offencesunder Sections r 324 (2), 329 (3), 351(2), 308 (2) r/w 3 (5) of the Bharatiya Nyaya Sanhita2023.

This Petition coming on for hearing, upon perusing[the][ Memorandum]of Grounds of CriminalPetition and upon hearing the argumentsofSriVivekanandaVirupaksha,AdvocateforthePetitionersandthePublicProsecutor on behalf of the Respondent.

The Court made the following; ORDER

■c

APHC010557312024

IN THE HIGH COURT OF ANDHRA PRADESHWMAT AMARAVATI(Special Original Jurisdiction)

[3460]

TUESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSANDAND TWENTYFOUR

PRESENT

THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

CRIMINAL PETITION NO: 8963/2024

Between:

Basani Reddy Gopal Naidu and Others

...PETITIONER/ACCUSED(S)

AND

The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT

Counsel for the Petitioner/accused{S):

1.VIVEKANANDA VIRUPAKSHA

Counsel for the Respondent/complainant:

1. PUBLIC PROSECUTOR

The Court made the following:

NYAPATHY VIJAY,J

THE HONOURABLE SRI JUSTICE NYAPATHY VIJAYCRIMINAL PETITION N0.8963 of 2024

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ORDER:

1. The present Criminal Petition is filed under Section 482 of B.N.S.S.Act, 2023 seeking to enlarge the Petitioners/Accused[on]bail in the eventoftheirarrestinconnectionwithCr.No.469of2024onthefileMadanapalle Rural Police Station, Annamayya District, registered for theoffences punishable under Sections 324(2), 329(3), 351(2), 308(2) R/w3(5) of the Bharatiya Nyaya Sanhita, 2023.Act, 2023 seeking to enlarge the Petitioners/Accused[on]bail in the eventoftheirarrestinconnectionwithCr.No.469of2024onthefileMadanapalle Rural Police Station, Annamayya District, registered for theoffences punishable under Sections 324(2), 329(3), 351(2), 308(2) R/w3(5) of the Bharatiya Nyaya Sanhita, 2023.

2. HeardSriVivekanandaVirupaksha,learnedcounselforthePetitionersandthelearnedAssistantPublicProsecutorfortheRespondent-State.PetitionersandthelearnedAssistantPublicProsecutorfortheRespondent-State.

3. Perused the record.

4. The Petitioners herein are A.1 to A.3 in the above crime.

5. This petition is filed seeking anticipatory bail before this Court bythePetitioners/A. 1to A.3 without approachingtheDistrictCourt.Onposing a query to the counsel as to why Petitioners do not approach theDistrict Court for seeking anticipatory bail, the counsel[for][ the][ Petitioners]submits that as there was imminent threat of arrest they have filed thepresent petition before this Court seeking anticipatory[bail.]thePetitioners/A. 1to A.3 without approachingtheDistrictCourt.Onposing a query to the counsel as to why Petitioners do not approach theDistrict Court for seeking anticipatory bail, the counsel[for][ the][ Petitioners]submits that as there was imminent threat of arrest they have filed thepresent petition before this Court seeking anticipatory[bail.]

6. This Court is not satisfied with the submission made by the counselforthePetitioners.ThePetitioners/A. 1toA.3shallapproachtheconcerned District Court for grant of anticipatory bail. However, to protecttheirinterests,thePetitioners/A. 1toA.3shallnotbearrestedinconnection with the above crime for a period of ten (10) days from today.forthePetitioners.ThePetitioners/A. 1toA.3shallapproachtheconcerned District Court for grant of anticipatory bail. However, to protecttheirinterests,thePetitioners/A. 1toA.3shallnotbearrestedinconnection with the above crime for a period of ten (10) days from today.

\

7. Accordingly, the Criminal Petition is disposed of.

As a sequel, pending applications,if any, shall stand[closed.]

SD/- N NAGAMMAASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To

1. The II Additional District Judge, Madanapalle, Chittoor[District.]

2. The Station House Officer, Madanapalle Rural Police Station,Annamayya District.Annamayya District.

3. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh,Amaravathi[OUT]Amaravathi[OUT]

4. One CC to Sri Vivekananda Virupaksha, Advocate [OPUC]

5. Three CD Copies

TK

vna

HIGH COURT

DATED;31/12/2024

ORDER

CRLP.No.8963 of 2024

OF AWO^O %«P0 8 JAN 2025m’\toosf;.Current Section..r>at C

disposing of the criminal PETITION

N

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