Andhra Pradesh High Court - Amravati
Botlagunta Srinivasulu vs The State Of Andhra Pradesh on 2 April, 2025
Author: K Sreenivasa Reddy
Bench: K Sreenivasa Reddy
Eii
< .*
EE= I
~/
[3327]
I~,_¢ I.*`
lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl
WEDNESDAY, THE SECOND DAY OF APRIL r
TWO THOUSAND AND TWENTY FIVE /
i,^
:PRESENT: ``\
TrfHONOURABLE SRI JUSTICE K SREENIVASA REDj
CRIMINAL PETITION NO: 2856 OF 2025 /
Between :
1. Botlagunta srinivasulu, S/o Satyanarayana Aged about 54yrs, R/o
Venkata Krishnapuram village Marripudi mandal, prakasam District
2. Botlagunta Radha, W/o B. Srinu, Aged about 50yr, R/o Venkata
Krishnapuram village Marripudi mandal, prakasam District
3. Botlagunta subba Rao, S/o Satyanarayana Aged about 45yrs R/o
Venkata Krishnapuram village Marripudi mandaI, Prakasam Distrlct
4. Botlagunta Ramanamma, w/o venkata Krishnaiah Aged about 74yrs
R/o Venkata Krishnapuram village Marripudi mandal, Prakasam District
5. Bot'agunta Tirupalu, (His name Its Wrongly mentl'oned Tirapathi Naidu)
S/o Venkata Krishnaiah Aged about 45yrs, R/o Venkata Krishnapuram
village Marripudi mandal, prakasam District
6. KothapaIIi Aademma, W/o Srinu Aged about 50yrs, R/o Venkata
Krishnapuram village Marripudi mandal, prakasam District
7. Kothapalli Venkat Rao, S/o Srinu Aged about 30yrs R/o Venkata
Krishnapuram village Marripudi mandal, prakasam District
8. Botlagunta Kalyani, W/o TirupaI Aged about 36yrs, R/o Venkata
Krishnapuram village Marripudi mandaI, Prakasam District
Petitioners/Accused Nos.1 to 8
AND
The State of Andhra Pradesh, Through Station House Officer Marripudi
police station Prakasam District Rep. by its Public Prosecutor High
Court of Andhra Pradesh At Amaravathi
Respondent/Complainant
+ fy^ petition under sections 48? of BNSS (old 438 of Cr.P.C), praying that in the circumstances stated in the affidavit filed in support of the Criminal petition, the High Court may be Pleased tO direct the respondent tO release the petitioners on bail in the event of their arrest in Crime No.12/2025 on the file of the MarriPudi Police Station, Prakasam 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 hearing the arguments of Sri P NAGENDRA REDDY, Advocate for the Petitioners and of PUBLIC PROSECUTOR for the Respondent and the Court made the following;
HON]BLE SRI JUSTICE K. SREENIVASA REDDY grim i na I Petiti QnB!gi2£±!P±2Q2± Order:
This Criminal Petition, under Section 482 of the Bharatl'ya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioners herein/Al to A8, seeking antiCiPatOry bail, jn connection with crime No.12 of 2025 of Marripudi Police Station, Prakasam district.
2 A case has been registered against the Petl'tiOnerS herein for the offences punishable under Sections 109(1), 118(1), 115(2), 79, 351(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3, Case of the prosecution, in brief, iS that there are Property disputes between the de facfo complainant and Al and they both filed criminal cases against each Other. Later, on the representation given by the de racfo complainant, the MRO, Marripudi declared that the disputed land belongs tO her. Since then, the accused are threatening the de faofo complainant and her family members witll dire consequences. On 01.03.2025, at about 17.30 hours, while the c,e raCfo COmPIainant, along with her cosister, was doing work in her land, all the accused came .1P .ire tzf3Sa6B58nd •fa 2 JJ there with a Proclainer, scolded the de facfo complainant and her cosister in a filthy language by damaging their modesty and attacked them with stick and beat the de facfo complainant on her head with intend to kill and eliminate her, resulting in she received bleeding injury on the back side of head. All the accused also beat the de facfo complainant's cosister with hands and legs and also throttled her with intend to kill her. On hearing the cries of the de facfo complal'nant, when her relatives came to rescue her, the accused ran away from the scene.
4. Heard. Perused the record.
5. A perusal of the materl®al on record goes to show that there are disputes between both the parties in respect of the Property. In connection with that, an altercation took place on the alleged date of offence, wherein Al and A4 are alleged to have beat the de racfo complainant with a stick on her head, resulting in she sustaining bleeding injury.
6, Since specific overt acts have been attributed against Petitioner No.1 herein/A1, this Court is not inclined to grant anticipatory bail to him. Accordingly, the criminal petition in respect of petitioner No.1/Al is hereby dismissed.
'a=rf <nd 3 I,
7. lnsOfar aS Petitioner No.4/A4 'ls concerned, though SPeC®lfiC overt act has been attributed against her, as she is a lady aged about 74 years, this Court is inclined tO grant antiC'lPatOry bail tO her.
8. Further, inSOfar aS Petitioners 2, 3 and 5 to 8/A2, A3 and A5 to A8 are concerned, except making an Omnibus accusation against them that they are alleged to have attacked the de facto complainant, no specific overt act has been attributed against them. ln v'lew of the same, this court is incllned to grant antic'lpatory bail to the petit'loners 2, 3 and 5 to 8/A2, A3 and A5 to A8.
9. Accordingly, the Crim'lnal Pet'ItiOn iS Partly allowed On the followlng conditIons.
i) ln the event of arrest of the petitioners 2 to 8 herein/A2 to A8 in the aforesaid Crime, they Shall be enlarged On bail On their executing personal bonds for a sum of Rs.10,000/ (Rupees Ten Thousand only) each With two Suret'leS Of the like sum each to the satisfaction of the concerned Arresting Officer.
'Ii) Petitioners 2 to 8 here'In` Shall make themselves ava'llable for interrogat'lon by a pol'lce officer as ,and when required, and they sha" not, directly or indlrectly, make any `_feGZfZ.
4T/ inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.
iii) Petitioners 2 to 8 herein shall appear before the station House Officer concerned once in a week i|e. on every sunday between 10.00 AM and 1.00 PM, till filing of the charge sheet.
As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petl'tion shall stand closed.
sD/ K. KASIRAO ACHARI ASSIS TffiP EGISTRAR //TRUE COPY// SECTION OFFICER F To,
1. The Junior Civil Judge, Podili
2. The Station House Officer, Marripudi Police Station, Prakasam District
3. One CC to SRl. P NAGENDRA REDDY Advocate [OPUC]
4. Two CCs to Public Prosecutor, High Court ofAP [OUT]
5. One spare copy KJ \ E HIGH COURT SRK,J DATED : 02/04/2025 BAIL ORDER CRLP.No.2856 of 2025 ALLOWED a \ ELPR \\\5\ `#