Andhra Pradesh High Court - Amravati
Eduri Prasanth vs The State Of Andhra Pradesh on 25 February, 2025
Author: K Sreenivasa Reddy
Bench: K Sreenivasa Reddy
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lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV
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:PRESENT:
HONOURABLE SRI JUSTICE K SREENIVASA REDD`S
CRIMINAL PETITION NO: 1478 OF 2025
Between:
1. Eduri Prasanth, S/o Muniyya, Aged 24 years, SC/Mala, Auto Driver, R/0
D.No. 1128, 1st Ward, Ambedkar Street, Dommeru Savaram Village,
Kovvur Mandal, East Godavari District.
2. Eduri Prakash, S/o Muniyya, C/o Prakasam, Aged 23 years, SC/Mala,
Painting Works, R/0 D.No.1128, Ward, Ambedkar Street, Dommeru
Savaram Village, Kovvur Mandal, East Godavari District.
3. Torlapati Vijay Sekar @ Chinnodu, S/o Prakasam, Aged 30 years,
SC/Mala, Masonry Works, R/o lst Ward, Dommeru Savaram Village,
Kovvur Manda[, East Godavari District.
...Petitioners/Accused No.1 to 3
AND
The State of Andhra Pradesh, Rep by its Public Prosecutor, Through the
SHO, Kovvur Town Police Station, West Godavari District, High Court of
Andhra Pradesh at Amravati.
...Respondent/Complainant
Petition under Section 480 & 483 of BNSS (Old Sections 437 & 439 of
Cr.P.C), praying that in the circumstances stated in the memorandum of
grounds filed in support of the Criminal Petition, the High Court may be
pleased to release the Petitioners/Accused No.1 to 3 on bail in FIR No.1/2025
of Kovvur Town Police Station, West Goadavari District on 01012025.
Counsel forthe Petitioners : Sri Pangi Raju Babu
Counsel for the Respondent : Assistant Public Prosecutor.
The Court made the following ORDER:
THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY
CRIMINAL PETITION NO: 1478 OF 2025
ORDER:
This Criminal Petition, u/Sec.480 & 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioners/Al to A3, seeking bail in Cr.No.01/2025 of Kovvuru Town Police Station, East Godavari District.
2. A case has been registered against the petitioners for the offence punishable under Section 109(1 ) read with 3(5) of B.N.S.
3. Case of the prosecution, in brief, is thatthe defacto complainant is a resident of Dommeru Savaram Village of Kovvuru Mandal and he has been eking his livelihood by doing,painting works and agriculture works. He took Ac.4.00 cents land on lease in their village and doing cultivation. Al to A3 often used to quarrel with others without valid reasons. Similarly, they disputed with him also. On 31.12.2024, durI'ng New Year Celebrations, when some people were lifting fire to crackers at Ambedkar statue at their locality, Al to A3 disputed with them and when the defacto complainant came there, accused shouted at him by proclaiming that they would kill him. Keeping the same in mind, on o1.01.2025 at about 3.30 pm when the defacto complainant and others were at Banana garden, Al to A3 with a common intention tO kill, came to him carrying beer bottles and attacked him by proclaiming that today they would certainly kill them, and by so \`\`+` eez# I _ saying, they attacked on the defacto complaInant and stabbed hl'm over his stomach and also with beer bottles which caused bleeding inJurieS. On the report lodged by the defacto complainant, the subject crime was registered.
4. Heard. Perused the record.
5. Learned AssI'Stant Public Prosecutor submits that l'nvestigation is at crucial stage and opposed the bail application.
6. A perusal of the material available on record goes to show that on the date of the incident, It is alleged that a quarrel occurred between the Petitioners and the defacto complainant, wherein the petitioners alleged to have stabbed him with knife and beer bot,tles on his stomach and caused injuries. Learned counsel for the petitioners submitted that the defacto complainant made a concocted story in order to ImPliCate the Petitioners in the aforesaid crime. According to him, all the injurles are simple in nature and they are self inflicted injuries. Earlier, the case was adjourned for want of wound certificate twice. Despite the same, wound certificate has not been produced before the Court. Petitioners were arrested on o2.01.2025 and since then they are languishing in judicial remand.
7. ln view of the aforesaid facts and circumstances of the case, this Court is inclined to grant bail to the petitioners herein, on the following conditions.
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(i) The petitioners/Al to A3 herein shall be released on their executing a personal bond for Rs.10,000/(Rupees ten thousand only) each with two sureties for a like sum each to the satisfaction of the learned ll Additional Judicial First Class Magistrate, Kowur, West Godavari District;
(ii) On release, the petitioners shall appear before the station House Officer concerned on every sunday in between 10.00 a.m. and 05.00 p.m., till filing of charge sheet.
8. Accordingly, the Criminal Petition is allowed.
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//TRUE COPY//
For I sEC"dN OFFICER
To,
1. The " Additional Judicial First Class Magistrate, Kowur, west Godavari DIStrict.
2. The II AddltionaI Junior cjv" JudgeGum" AdditIOnal JudICiaI First class Magistrate at Kowur, west Godavarj DlstrI'Ct.
3. The Station House officer, Kowur Town police statI'On, East Godavari Dl'strict.
4. The Superintendent, central prISOn, RaJamahendravaram, East Godavari District.
5. One CC to SRI. PANGI RAJU BABU Advocate [opuc]
6. Two cos to public prosecutor (AP) High Court ofAndhra pradesh [OUT]
7. One spare copy CVSS E= \\____ HIGH COURT SRK,J DATED : 25/02/2025 BAIL ORDER CRLP.No.1478 of 2025 ALLOWED `4 _**` •l.,i#fiSxp ;`S? FEB ,2025 i,,trl:;,;i EFHckEEEREEEliiiv!!!!u:!t!<EI .\ I ``r I