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Andhra Pradesh High Court - Amravati

Vishnuvardhan Reddy vs The State Of Andhra Pradesh on 1 November, 2021

Author: D Ramesh

Bench: D Ramesh

 

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MONDAY, THE FIRST DAY OF NOVEMBER
TWO THOUSAND AND TWENTY ONE

:-PRESENT:
THE HONOURABLE SRI JUSTICE D RAMESH

CRIMINAL PETITION NO: 5863 OF 2024
Between:

Vishnuvardhan Reddy, S/o Konda Reddy, Aged about 31 years, Occ: Cultivation,
Nallapureddypalli Village, Ganjikunta GP. Mydukur Mandal, YSR District.

». Petitioner/Accused
AND

The State of Andhra Pradesh, Through the Station House Officer, Mydukur
Police Station, YSR Kadapa District, High Court of Andhra Pradesh, Amaravati.

-.» Respondent/Complainant

Petition under Section 437 and 439 of Cr.P.C, praying that in the circumstances
stated in the grounds filed the Criminal Petition, the High Court may be pleased to
release the Petitioner on bail in Crime No.247/2021 on the file of Mydukur Police
Station, YSR Kadapa District in the interest of justice.

The petition coming on for hearing, upon perusing the Petition and the grounds
filed in support thereof and upon AEBS the arguments of Sri P Nagendra Reddy
Advocate for the Petitioner and of Le ublic Prosecutor for the Respondent, the Court
made the following.

ORDER:

Pe, THE HONOURABLE SRI JUSTICE D.RAMESH CRIMINAL PETITION No.5863 of 2021 ORDER:

This petition is filed under Section 437 and 439 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking regular bail to the petitioner/accused in connection with Crime No.247/2021 of Mydukur Police Station, YSR Kadapa District, wherein the petitioner is alleged to have committed the offences punishable under Sections 307 of the Indian Penal Code, 1860 (for short "IPC") and section 3(1}{s) & 2(2}(v} of SC/ ST (POA) Amendment Act 2015.

2. FLLR. was registered basing on the statement of the complainant Kadiripogu Laxmaiah wherein he stated that the accused fell in love with Bhavaani, aged 27 years, who belongs to SC Madiga caste and niece of the complainant and harassed her to marry him. Qn that the accused was chastised by the complainant and other relatives at Rekalakunta village of B.Mattam Mandal. For which the accused bore grudge against him, hacked him with an axe on the intervening night ie. 04.7.2021 at about lam and caused severe bleeding injuries underneath beard, left back under shoulder, left hand fingers and left collar bone and he got admitted in the Government Hospital, Proddatur and later shifted to RIMS Hospital, Kadapa by his brother in law.

3. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for respondent-State.

4, Learned counsel for the petitioner submits that the petitioner was falsely implicated in this case and there is no necessity for the petitioner to kill the complainant on the ground that he is relative to K. Bhavani. The petitioner was arrested on 06.8.2021 and since then the petitioner is in judicial custody. Police filed charge sheet also and prayed to grant bail.

5, Learned Assistant Public Prosecutor submits that the petitioner used to harass the niece of the complainant who is working as a tutor in Sri Chaitanya Junior College and if the petitioner is released on bail, he wil threaten the Witnesses and also the niece of the complainant, Therefore, the petitioner is not entitled for bail. 6, Having heard the learned Counsel on either side and on perusal of the material on record and further taking into consideration that the charge sheet was filed in the Court below, this Court deems it appropriate to grant bail to the petitioner, 7, In the result, the criminal petition is allowed and the petitioner/accused shall be enlarged on bail, on his executing self bond for a sum of Rs.20,000 /- (Rupees twenty thousand only) with two sureties for a likesum to the satisfaction of the learned Special Sessions Judge for SC/ST-cum-Iv Additional District & Sessions Judge, Kadapa. As a sequel, all the pending miscellaneous applications shall stand closed, «-K.TataRao -

ASSISTANT REGISTRAR TRUE COPYH ay SECTION OFFICER Fo The District Special Sessions Judge, for SC/ST-cum-IV Additional! District and Sessions Judge, for SC/ST-cum-IV_ Additional District and Sessions Judge, Kadapa.

The Superintendent, Central Prison, Kadapa District. _ The Station House Officer, Mydukur Police Station, YSR Kadapa District. One CC to Sri. P Nagendra Reddy Advocate [OPUC] Two CC's to Public Prosecutor, High Court of AP, Amaravati[OUT] One spare copy OF on Be G9 hy ots HIGH COURT DRJ DATED:01/11/2021 ORDER CRLP.No.5863 of 2021 ALLOWED 4 Be: