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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

THÚRSDAY, THE FIFTH DAY OF DECEMBER $\sim$ TWO THOUSAND AND TWENTY FOUR / :PRESENT:

THE HONOURABLE JUSTICE DR V R K KRUPA SAGAR CRIMINAL PETITION NOS: 6482 & 6483 OF 2024

CRIMINAL PETITION NO: 6482 OF 2024

Between:

• 1. N Ananda Padmanabha Reddy, S/o. N. Yella Reddy, Aged about 53 years, R/o. H.No. 2-23, Bommireddy Palli, Veldurthi Mandal, Kumool District.
• 2. N. Jagan Mohan Reddy, S/o.N. Yella Reddy, Aged about 59 years, R/o. H.No. 2-23, Bommireddy Palli, Veldurthi Mandal, Kumool District

Petitioners/Accused 7 & 11

AND

The State of Andhra Pradesh, rep by its Public Prosecutor, High Court of Andhra Pradesh At Amaravati.

Respondent/Complainant

Petition under Section 482 of BNSS (438 of Cr.P.C.,) is filed praying that in the circumstances stated in the affidavit filed in support of the Crimina IPetition, the High Court may be pleased to direct the Station House Officer, Veldurthi Police Station, Kurnool District to release the petitioners/accused No.7 And11 on bail in the event of his arrest in connection with Cr.No. 92/2024 of Veldurthi Police Station, Kurnool District

CRIMINAL PETITION NO: 6483 OF 2024

Between:

N Tejeswar Reddy, S/o. N. Jagan Mohan Reddy, Aged about 28 Years, R/o. H. No. 2-23, Narlapuram Bommireddy Palle, Veldurthi, Kunrool, Andhra Pradesh - 518 216

Presently residing at No. 62, 3RD Floor, 1ST Cross Lalbahadur Nagar, Banaswadi Bangalore - 560 043

Petitioner/Accused No.15

AND

The State Of Andhra Pradesh, rep by its Public Prosecutor, High Court of Andhra Pradesh At Amaravati.

Respondent/Complainant

Petition under Section 482 of BNSS (438 of Cr.P.C.,) is filed 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 Station House Officer, Veldurthi Police Station, Kurnool District to release the petitioner/accused No. 15 on bail in the event of his arrest in connection with Cr.No.92/2024 of Veldurthi Police Station, Kurnool District

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and the order of the High Court order dated 01.10.2024, 22.10.2024 & 28.11.2024 made herein and upon hearing the arguments of Sri Ponnavolu Sudhakar Reddy, learned Senior Counsel appearing on behalf of Sri Bugulu Sreeteja, Advocate for the Petitioners, Public Prosecutor for the Respondent and the Court made the following;

ORDER

THE HONOURABLE JUSTICE DR V R K KRUPA SAGAR

CRIMINAL PETITION NO: 6482 and 6483 of 2024

COMMON ORDER:-

These Criminal Petitions, under Section 482 of B.N.S.S. are filed seeking to enlarge the petitioners/accused Nos.7, 11 & 15 on anticipatory bail, in the event of their arrest in Crime No. 92 of 2024 of Veldurthi Police Station, Kurnool District, registered for the offences punishable under Sections 147, 148, 323, 324, 353, 307, 302 read with 149 IPC.

Heard arguments of Sri. Ponnavolu Sudhakar Reddy, learned $2.$ senior counsel appearing on behalf of Smt. Bugulu Sreeteja, learned counsel on record, for the petitioners and Sri.Neelothpal Ganji, learned Assistant Public Prosecutor representing the State.

Perused the record. $3.$

The F.I.R. in this case was registered on 09.06.2024. It is the $4.$ case of homicide of one and severely injured persons two in numbers. So far, 14 witnesses were examined. Investigation is in progress. In that context of these facts, the present petitions seeking pre-arrest bail have come for up hearing.

The written information lodged does mention names of 16 $5.$ persons, who allegedly killed the person and caused injuries to the other two, who are the victims. One amongst them is Sri. N. Tejeswar Reddy, who is arrayed as A15 and he filed the Criminal Petition Since the crime incident is stated to be on No.6483 of 2024. 09.06.2024 and since the prosecution is about physical presence of Sri. N. Tejeswar Reddy-A15, at the spot of the offence, the question that has come up at hearing is whether the petitioner was physically present there or not.

In that regard, from paragraph No.9 to 12 of the petition, 6. various details are mentioned. The substance of which is that, on the date of offence, at the time of offence, this petitioner-A15 was not present at scene of offence i.e., at Bommireddy Palli Village, Veldurthi Mandal of Kurnool District of Andhra Pradesh. The petitioner counsel contends that on that day, the petitioner was away by 320 Kilometers and was at a place in the boarders of Karnataka and Tamil Nadu States. Multiple photographs are filed which captured in print what was recorded on C.C. Cameras. According to the learned senior counsel, the person in green shirt with flowers design is the petitioner-A15 herein. That the substance of alibi is to the fact that he was attending a function of his friend and thereafter, attended the market for some works etc. Thus, the material produced by the bail

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petitioner-A15 gives rise to a serious suspicion about the physical presence that was attributed against him at the material point of time.

The other accused named in the F.I.R. are Sri. N. Ananda $7.$ Padmanabha Reddy and Sri. N. Jagan Mohan Reddy, who are arrayed as Accused Nos.7 and 11. They filed the Criminal Petition No.6482 of 2024. The accused No.7 is shown to be aged about 53 years and the accused No.11 is shown to be aged about 59 years. Both of them are real brothers and children of Sri.N.Yella Reddy. As per the F.I.R. these two persons were also physically present and they participated in this heinous offence.

The submissions of the learned senior counsel are that in the 8. year 2019 both the petitioners suffered automobile accident and were crippled and their photographs are annexed at page No. 37 of the bail petition. The first and second photographs pertain to A11 and the third photograph pertains to A7. When this Court questioned the learned senior counsel about the current health status of these individuals, it is shown to this Court that on 09.07.2024 which was in the recent past, the medical certificate does indicate that these petitioners are still unable to walk on their own efforts and they require help from others. Considering the health condition of these petitioners and the alleged date of offence on 09.06.2024, it is a little

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difficult to appreciate that people with such crippled limbs could have been there on the spot of the offence. However, that is the matter of investigation and trial. The health condition is considered only for the purpose of evaluating justification or otherwise of granting prayer made by the petitioners.

According to the prosecution, the presence of these petitioners 9. for the purpose of investigation is a certain need. Further submits that the C.C. footage and photographs that are depicted in this petition by the petitioner are yet to be verified for their genuineness. While recording such submission, it is always available to the State to make its own investigation and find out the truth and in the event it finds that they are not genuine, the law is clear as to what steps have to be taken by the investigation agency in such an event.

10. After considering the stage of the investigation as well as the nature of submissions made on behalf of the petitioners, this Court finds that custodial interrogation of the petitioners is not required for the purposes of the investigation. Hence, prayer of the petitioners is granted with certain conditions.

In the result, both the criminal petitions are allowed with the $11.$ following conditions:

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i. The petitioners/accused Nos.7, 11 and 15 are directed to join the investigation.

ii. In the event of their arrest, the petitioners/7, 11 & 15 herein shall be released on bail on their executing a personal bond for Rs.25,000/- (Rupees Twenty Five thousand only) each with two (02) sureties for a like sum each to the satisfaction of the arresting police officials;

iii. That the petitioners shall appear before the Station House Officer concerned, on 1^st and 15^th of every month between 10.00am to 01.00pm for a period of three months; and

iv. That the petitioners are directed not to hamper the investigation and tamper with the prosecution witnesses and they shall not indulge in similar type of offences.

Miscellaneous petitions, if any pending, in these Criminal Petitions, shall stand closed.

SD/- K. KASIRAO ACHARI ASSISTANT REGISTRAR

I/TRUE COPY//

SECTION OFFICER

For $\iota$

To,

1. The Station House Officer, Veldurthi Police Station, Kurnool District

2. One CC to SRI. BUGULU SREETEJA Advocate [OPUC]

3. Two CCs to PUBLIC PROSECUTOR, High Court of A.P[OUT]

4. One spare copy

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HIGH COURT

DR VRKS,J

$\cdot$

DATED:05/12/2024

BAIL ORDER

CRIMINAL PETITION NOS: 6482 & 6483 OF 2024

ALLOWED