Gajjala Chinnapugari Venkata Subba Reddy vs. The State Of Andhra Pradesh
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Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble Dr V R K Krupa Sagar
Listed On:
4 Oct 2024
Original Order Copy
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Order Text
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT FRIDAY, THE FOURTH DAY OF OCTOBER, TWO THOUSAND AND TWENTY FOUR :PRESENT:
THE HONOURABLE JUSTICE DR V R K KRUPA SAGAR CRIMINAL PETITION NO: 6498 OF 2024
Between:
Gajjala Chinnapugari Venkata Subba Reddy, (but shown as Gajjala Chinapugari Venkata Subba Reddy @ Gajjala Venkata Subba Reddy in Remand Report) S/o.Lakshmi Narayana Reddy Aged 35 years. R/o.D.No.2/434 Thappetavaripalle, Vontimitta Mandal Now at D -1/3, Pennaperuru Viilage Vontimitta Mandal, YSR Kadapa District Andhra Pradesh.
...Petitioner/Accused
AND
The State of Andhra Pradesh, Rep.by Public Prosecutor High Court, Amaravathi
...Respondent
Petition under Section 480 & 483 of BNSS, 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 on bail pending enquiry and trial in Crime No.81/2024 of Vontimitta Police Station, YSR Kadapa District Andhra Pradesh.
Counsel for the Petitioner : Sri D Kodandarami Reddy Counsel for the Respondent: Sri K.Sandeep,
Assistant Public Prosecutor
The Court made the following ORDER:
THE HONOURABLE JUSTICE DR V R K KRUPA SAGAR CRIMINAL PETITION NO: 6498 of 2024
ORDER:
This Criminal Petition under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, is filed seeking to enlarge the petitioner herein/Accused on bail in Crime No.81 of 2024 of Vontimitta Police Station, YSR Kadapa District, registered for the offence punishable under Section 118(1) of Bharatiya Nyaya Sanhita, 2023 and Section $3(1)(r)(s)$ SC, ST (PoA) Act, 2015.
Heard Sri D.Kodandarami Reddy, learned counsel for the 2. petitioner herein/accused and Sri K.Sandeep, learned Assistant Public Prosecutor for the Respondent-State.
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Perused the record.
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On hearing learned counsel on both sides and on perusal of the record, it is seen that on 12.07.2024 at about 07.30 p.m., in the incident occurred at the shop of the accused. F.I.R. was registered on 13.07.2024. The case was duly investigated into and as many as 14 witnesses were examined and a charge sheet was laid before learned Special Judge for Trial of Cases under S.Cs. & S.Ts. (PoA) Act, Kadapa. The petitioner was arrested on 16.07.2024, thereafter remanded to judicial custody. It is also undisputed that the victim who suffered physical injuries was treated and discharged from hospital on 03.08.2024
The allegations are that the petitioner and the victim belong to $5.$ same area and despite the protest of the petitioner, the victim used to come and sleep on the pial of the shop of the petitioner. Annoyed by that on the date of offence, the petitioner abused the victim by caste name and poured hot burning edible oil from a pan over the belly of the victim, which caused serious hurt to him. Since the matter is coming up for trial before the Court below, it is not proper to dilate much on the facts of the case.
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Considering the fact that for more than $2\frac{1}{2}$ months the petitioner has been in judicial custody and that he belongs to the same village where the incident occurred and thus it is not a case of risk of fleeing and also all the witnesses are examined, thereby obviated the apprehension of tampering with evidence, this Court finds that further continuation of detention does not seem necessary. Hence, the prayer is granted.
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In the result. this Criminal Petition is allowed. The petitioner/Accused shall be released on executing a personal bond for Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum each to the satisfaction of the learned Special Judge-cum-IV Additional District and Sessions Judge, Kadapa, YSR Kadapa District. The petitioner shall cooperate with the trial.
Miscellaneous petitions, if any pending, in the Criminal Petition, shall stand closed. SD/- M.SRINIVAS
ASSISTANT REGISTRAR
SECTION OFFICER
//TRUE COPY//
F
To,
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- The Special Judge-cum-IV Additional District and Sessions Judge, Kadapa, YSR Kadapa District.
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- The Superintendent, Central Prison, Kadapa, YSR Kadapa District.
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- The Station House Officer, Vontimitta Police Station, YSR Kadapa District. 4. One CC to Sri D Kodandarami Reddy, Advocate [OPUC]
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- Two CCs to Public Prosecutor (AP) High Court of Andhra Pradesh [OUT] 6. One spare copy
HIGH COURT
Dr VRKS,J
DATED:04/10/2024
BAIL ORDER
CRLP.No.6498 of 2024
ALLOWED
