Andhra Pradesh High Court - Amravati
Kurra Srinivasa Rao vs The State Of Andhra Pradesh on 29 May, 2025
IN THE HIGH couRT OF ANDHRA PRADESH AT AMARAV
_ _ ` . v. nl`L,T|f`A I+r{ADESH AT AMA
THUF3SDAY,THE
THURSDAY _THETWENTY
T\^/[^IT\,NINETH
I I,I ,I--- DAY OF M
Two THOUSAND AND TWENTY FIVE
-' .|PRESENT.I
THE HONOURABLE SRI JUSTICE HARfNATH.
Between.. CRJMfNALPETITIONNO.|5700OF2025
1. Kurra
__. srjnl'vasa
_ulllvc]odRao,
r`ao,s/o.
s/o. Narasjmham, Aged about 51 years,
as sakshl' Reporter,
_`_I_.H Bapuji
I `l-HUI Na_Oar. MIJnr;hal
lt=I, bapuj,-Nagar, hI^1-plots,
Muncjpal lz Kavall',spsR Nellore
__--`''ltj
DI-Str,'ct.
2 #sda:aa:udhraMaRIeaDkOO:dQ=I:lh::^Sl=_ :akshmalahl Age 46 years Ex
vlsalandhra Reporter, vengal Rao Nagar, KavaII, SPSR Nellore DlstrICt
3 Behara venkata Lakshml NarayanaH S/o venkata Kumar, (Late), Aged
about 56 years. Ex subadha MedI-a Reporter, BalajI' Street, Kava"I
Town, spsR Nellore Dl'strl'ct.
4 VenembadJ Prasadw s/o MInlraJu, Aged about 39 years Back sJde of
NSR Statue, vengaI Rao Nagar, KavaH SPSR NeIIore DI-Stn'ct
petitioners/Accused no.1 to 4
AND
The state of Andhra pradesh, Through s H O KavaII 2 Town p s spsR
Ne'lore DistrICt, Rep by pub'l'c prosecutor Hl'gh court ofAndhra pradesh
Respondent/complaI-nant
petltlOn under sectlons 437 and 439 of cr.p.c(New sectl'ons 480 and
483 of BharatJya NagarJk Suraksha sanhlta,2023), ls flled praylng that ln the
c,rcumstances stated ,n the memorandum of grounds fl'ed ln support of
the crlmlnal Pe{ItlOn, the HIgh Court may be pleased to release the
petlt,oners /Accused Mos 1 to 4 on ball connectlng ln crlme No 75 of 2020 on
the file of Kava'l' 2 Town p.s, spsR Nellore D,'strI-Ct.
The petlt,On coml'ng on for hearI'ng, upon perusI'ng the Petlt,on and the
memorandum of grounds fI'Ied I-n support thereof and upon hearlng the
arguments of sri LINGALA HAZARATHAIAH, Advocate for the petl-tloner and
of PUBLIC PROSECUTOR for Respondent, the court made the followlng
ORDER
APHCO10276o12025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl [3521] (Special Original Jurisdiction) THURSDAY ,THE TWENTY NINETH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5700/2025 Between :
Kurra Srinivasa Rao and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S):
1. LINGALA HAZARATHAIAH Counsel for the Respondent/complainant:
1.PUBLIC PROSECUTOR The Court made the following Order:
The petitioners are arrayed as Accused Nos.1 to 4 in Crime No.75 of 2020 on the fI'Ie of the Kavali II Town Police Station, SPSR Nellore District, for the offences registered under Sections 447, 427, 307,120 (B) r/w 34 I/w 109 of IPC and Section 3 of PDPP Act.
2. It is submitted by the learned counsel for the petitioners that the petitioners are arrayed as Accused Nos.1 to 4 in Crime No.75 of 2020. It is submitted that the petitioners committed the offences under sections 447 and \ 2 427 of IPC and Section 3 of PDPP Act on the file of Kava" " Town police ®` J/ Station, SPSR Nellore District. Learned counsel for the petitioners submits that after registration of the said crime, an enquiry was conducted and the POliCe have initially closed the case as undetected. Thereafter on o7.04.2025, SPDO Kavali issued instructions for reopening the case and for taking up further investigation. Learned counsel for the petitioners submits that on the instructions of SPDO, dated 07.04.2025, now the provision of law is altered and Sections 307, 120(b), 109 r/w 34 of lPC were added to the inI'tial allegations.
3. l{ is also submitted by the learned counsel for the petitioners that the Petitioners Were arrested On 04.05.2025 and remanded to judicial custody.
4. Heard learned counsel for the petitioners and the learned Assistant Public Prosecutor.
5. On perusI-ng the record, it iS Observed that the land of the subject structure was considered as gramakantam land and the structure was demolished on the mI-dnight Of 10.04.2020. lt is also recorded by the investigating officer that there was no CCTV footage available within the vicinity of the alleged demolition which was occurred on the mid night of 10.04.2020.
6. Learned Assistant Public Prosecutor submits that the then investigating officer has simply recorded that the CCTV footages were not available and that the cameras were offline. It is suspected that the investigating officer closed the case and could not complete the invest-lgation in the desired manner.
7. Be that as it may, COnSidering the Subm'lSSiOnS, this Court is inclined to grant bail to the petitioners, subject to the following condition:-
i) The petitioners shall enlarge On bail in the event Of their arrest upon furnishing a personal bond for Rs.10,000/-(Rupees Ten Thousand only) each, along with two sureties for a like Sum each, to the satisfaction of the Additional Judicial Magistrate of First class, Kavali, SPSR Nellore District.
8. W-lth the above cond'ItiOn, the Criminal Petition iS allowed.
M-ISCellaneOuS Petitions, 'lf any Pending, in the Criminal Petition, shall SD/- M.SRINIVAS stand closed. AS ::S TA N2BG ISTRAR SECTION OF-FICER //TRUE COPY// Toll The Addl. Judicial Magistrate Of First Class, Kavali, SPSR NellOre Distr'lCt.
2. The l ne Superintendl?nat,TS^¥PnJpai_i I,uL,t;lllllOl.u_..., _ EapvsaR-NellOre District, I.^nl lrl
3. The S.H.O Kavali 2 Town P.S SPSR NellOre lJl>lllU..
4. one cc to sRl. LINGALA HAZARATHAIAH Advocate [OPUCI
5. Two cos to the PUBLIC PROSECUTOR7 Hlgh Court Of A P [OPUC]
6. One SPare COPY psk HIGH COURT HN,J DATED:29/05/2025 BAIL ORDER CRLP.NoI5700 of 2025 ALLOWED