Sk Sikinder Basha

Crl.M.P.No.66/2025 in Crime No.45/2025 XI ADJ, TPG, WG

Dt.13.05.2025

IN THE COURT OF IX ADDITIONAL DISTRICT AND SESSIONS JUDGE

KOVVUR, WEST GODAVARI DISTRICT.

Present:: SRI SHAIK SIKINDER BASHA, XI Additional District and Sessions Judge, Tadepalligudem. FAC/IX Addl. District and Sessions Judge, Kovvur.

Tuesday, the 13th day of May, 2025.

Crl.M.P.No.66/2025 in Crime No.45/2025

of Chagallu Police Station. Between:-

1. Dupati Srinivas @ Srinu, Slo. Masthan (late), aged 54 years, D.No.1-193, Unagatla village, Chagallu Mandal, East Godavari District.

2. Dupati Rama Satyanarayana @ Pandu, S/o. Srinivas @ Srinu, aged 31 years, D.No.1-193, Unagatla Village, Chagallu mandal, East Godavarari District. …Petitioners/Accused1&2

And

The State: Station House Officer, Chagallu Police Station, Represented by its

Additional Public Prosecutor.

…Respondent/Complainant.

This petition has come up before me on 12.05.2025 for final hearing in the presence of Sri S.Kasi Visweswara Rao,Advocate for Petitioners/accused 1 and 2, and of Additional Public Prosecutor representing the Respondent/Com-plainant and upon hearing their arguments, this Court made the following:

O R D E R

The Petitioners/accused 1 and 2 in Crime No.45/2025 of Chagallu

Police Station for the offence U/s. 105[1] r/w 3(5) of Bharatiya Nyaya Sanhita.

2023, filed this 2nd Bail Petition under Section 483 of Bharatiya Nagarik

Suraksha Sanhita, 2023, with the following averments.

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Crl.M.P.No.66/2025 in Crime No.45/2025 XI ADJ, TPG, WG

Dt.13.05.2025

2. That, the petitioners have not committed any offence. The contents of the report are false and cooked up story. The police have arrested them on 10.04.2025 and since then they are in judicial remand. The allegations leveled against the accused do not attract the alleged offences. At best the allegations may attract the offence under section 106 of BNS for causing death by negligence, but not under section 105 of BNS culpable homicide not amounting to murder. The petitioners are having fixed abode and ready to comply the conditions imposed by the court for grant of bail. The petitioners are running their caste profession by running saloon in the village and they are not influenced persons. As such there is no question of interference with the investigation and tampering of evidence. The earlier bail petition was dismiss on 24.04.2025 and no bail petition is pending before any other court.

3. Heard the learned counsel for the Petitioners/Accused 1 and 2 and learned

Additional Public Prosecutor for prosecution. Perused the copy of F.I.R., C.D.

File and other material on record.

4. Now, the Point for determination is:

"Whether the petitioners/Accused 1 and 2 are entitled to be released on bail as prayed for?"

5. The learned Counsel for the Petitioners/Accused 1 and 2 submits that as per the contents of FIR, on 29.03.2025 the 1 accused called the husband of the defacto complainant to the temple, the husband of the defacto complainant went there, the accused 1 and 2 altercated with him and beat him with hands and pushed him back, as a result he sustained injuries. Then he was shifted to Government general hospital, Rajahmundry. From there he was shifted to Government hospital, Kakindada. While undergoing treatment the injured died on 03.04.2025. Thereafter, the section of law has been altered from 118(1), 115(2) r/w 3(5) of B.N.S to Sec.105 r/w 3(5) of B.N.S. the petitioners are innocent and having no intention to kill the deceased. At best 2

Crl.M.P.No.66/2025 in Crime No.45/2025 XI ADJ, TPG, WG

Dt.13.05.2025 the offence of 106 B.N.S is attracted the material part of the investigation is completed. Hence, petition may be allowed.

6. The learned Additional Public Prosecutor submitted that due to previous disputes, the accused 1 and 2 altercated with the deceased, beat him and pushed him to back, due to which the deceased received head injury He was shifted to hospital while undergoing treatment, after 5 days he died The prosecution examined 12 witnesses, postmortem report is awaited for filing charge sheet.

Point:

7. As per the contents of FIR and part-1 of CD, there are some disputes regarding business which was settled between the accused persons and the deceased While so, on 29.03.2025 at 9.30 PM. the 1 accused called the deceased to come to the temple for discussion, when the deceased went to the temple, an altercation took place in which the accused 1 and 2 beat the deceased and pushed him to ground, as a result, the deceased sustained severe injury to his head. He was shifted to Government hospital,

Rajahmundry from there to Kakinada, while undergoing treatment, after 5 days, he died on 03.04.2025. Initially the police have registered crime

No.45/2025 for the offence under section 118(1), 115(2) r/w 3(5) of B.N.S., thereafter on the death of the deceased, section of law has been altered to

Sec.105 r/w 3(5) of B.N.S. culpable homicide not amounting to murder. As per the prosecution, 12 witnesses have already been examined and material part of the investigation is completed and they are awaiting Postmortem report for filing charge sheet. In these circumstances, this court do not find any reason to keep the accused in judicial custody for longer periods and there is no apprehension of tampering of evidence or accused jump over the bail and they are ready to furnish solvent sureties for their release on bail, hence, this court feels it proper to allow the petition on terms. The Point is answered accordingly.

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Crl.M.P.No.66/2025 in Crime No.45/2025 XI ADJ, TPG, WG

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8. IN THE RESULT, the petition is allowed and the Petitioners/Accused 1 and 2 are ordered to be released on bail on the following conditions:

a) The Petitioners/Accused 1 and 2 shall execute bond for an amount of Rs.10.000/- (Rupees Ten Thousand only) each with two sureties each for the like sum to the satisfaction of the Civil Judge (Junior Division) cum Judicial

Magistrate of I Class, Nidadavole;

b) The Petitioners/Accused 1 and 2 shall not meet the witnesses and shall not make any attempt to contact the witnesses and shall not try to influence them with respect to the case and shall abide by the conditions under section 480(3) BNSS;

c) The Petitioners/Accused 1 and 2 shall not leave the jurisdiction of the Court without obtaining prior permission from this Court; and

d) On failure to comply with any of the above conditions, the Prosecution is at liberty to move application before this court for cancellation of bail granted to the Petitioners/Accused 1 and 2.

Dictated to the Stenographer Grade-I, transcribed by her, corrected,

signed and pronounced by me in open Court, this the 13th day of May, 2025.

Sd/- Sk.Sikinder Basha,

XI ADDL. DIST & SESSIONS JUDGE,

TADEAPLLIGUDEM.

FAC-IX ADDL. DIST.& SESSIONS JUDGE,

KOVVUR Copy To:

1.The Civil Judge (Junior Division) cum Judicial Magistrate of I Class, Nidadavole. 2.The Station House Officer, Chagallu Town Police Station. 3.Sri S.Kasivisweswara Rao, Advocate for Petitioners/Accused 1 and 2.

4

Crl.M.P.No.70/2025 in Crime No.24/2025 XI ADJ, TPG, WG

Dt.13.05.2025

IN THE COURT OF IX ADDITIONAL DISTRICT AND SESSIONS JUDGE

KOVVUR, WEST GODAVARI DISTRICT.

Present:: SRI SHAIK SIKINDER BASHA, XI Additional District and Sessions Judge, Tadepalligudem. FAC/IX Addl. District and Sessions Judge, Kovvur.

Tuesday, the 13 th day of May, 2025.

Crl.M.P.No. 70/2025 in Crime No.24/2025

of Kovvur Town Police Station.

Between:-

Gella Avinash Babu, S/o. Venkatarao, aged 30 years, D.No.16-11-34, Kothapeta, Aurangabad, Kovvur, East Godavari District.

... Petitioners/Accused No.1

And

The State: Station House Officer, Kowur Town Police Station, Represented by its Additional Public Prosecutor.

... Respondent/Complainant.

This petition has come up before me on 12.05.2025 for final hearing in the presence of Sri P.Ravishankar and Sri M.Raghuram, Advocate for Peti- tioner/1st accused, and of Additional Public Prosecutor representing the Re- spondent/Complainant and upon hearing their arguments, this Court made the following:

O R D E R

The Petitioner/1st accused in Crime No.24/2025 of Kovvur town Police

Station for the offence U/s. 118[1] r/w 3(5) of Bharatiya Nyaya Sanhita, 2023, filed this 3rd Petition for anticipatory bail under Section 482 of Bharatiya

Nagarik Suraksha Sanhita, 2023, with the following averments.

2. That, the petitioner is permanent resident of Aurangabad, Kovvur municipality. The police have registered the case against him for the offence under section 118(1) r/w 3(5) of B.N.S on 04.02.2025. Subsequently, the 1

Crl.M.P.No.70/2025 in Crime No.24/2025 XI ADJ, TPG, WG

Dt.13.05.2025 section of law has been altered to Sec.109 B.N.S on 05.02.2025. As per contents of FIR, on 03.02.2025 when the defacto complainant went to the house of his relatives, the alleged incident of four persons attacking him had happened. In the FIR the names of offenders was not disclosed but after two days, the police have recorded the statement of complainant in which the names have been mentioned. When the section of law has been altered, the accused has been falsely implicated in the case. The petitioner/1st accused apprehend his arrest at any point of time. The other accused were already released on bail. Hence, the petition may be allowed.

3. Heard the learned counsel for the Petitioners/Accused 1 and 2 and learned

Additional Public Prosecutor for prosecution. Perused the copy of F.I.R., C.D.

File and other material on record.

4. Now, the Point for determination is:

"Whether the petitioners/1st Accused is entitled to pre-arrest bail as prayed for?"

5. The learned Counsel for the Petitioner/1st Accused submits that this is 3rd application of anticipatory bail. The earlier bail petitions were dismissed on the ground of pending investigation. The alleged incident happened on 03.02.2025. Already 3 months have elapsed. The investigation is not completed. The police are trying to arrest him. The accused 3 and 4 were granted regular bail and 2nd accused was granted anticipatory bail. Initially the case was registered for simple hurt and subsequently, it is altered to attempt to murder case to make the offence a grave offence. The petitioner is ready to cooperate investigation and he may be granted anticipatory bail, he will abide by the conditions imposed by the court.

6. The learned Additional Public Prosecutor submitted that the material part of investigation is completed, wound certificate is awaited for filing charge sheet.

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Crl.M.P.No.70/2025 in Crime No.24/2025 XI ADJ, TPG, WG

Dt.13.05.2025

If anticipatory bail is granted to him he will not cooperate investigation, hence the petition may be dismissed.

Point:

7. The petitioner/1st accused and others were involved in an offence under section 109 (1) r/w 3(5) of B.N.S for alleged attempt to murder. As per the allegations of the prosecution, the defacto complainant along with his friend went to the house of their relatives, where they have noticed two unknown persons consuming liquor in front of the house of their relatives and causing trouble to a girl. On seeing this, the defacto complainant and his friend tried to separate them. Meanwhile, some other people, 4 persons came and attacked the defacto complainant and beat him with stick on his head. Thereafter, he was shifted to hospital. The police came and recorded the statement of defacto complainant, in which the names of accused have been mentioned and the name of the petitioner/1st accused is also shown. The section of law also altered from section 118(1) BNS to Sec. 109(1) r/w 3(5) of BNS. So far the petitioner/1st accused is not arrested. As per initial statement, the complainant mentioned the name of one Cherry who beat him. Though the name of the petitioner/1st accused was not mentioned in the initial statement, but the case dairy discloses the name of the petitioner/1st accused Gella Avinash Babu @ Cherry. Therefore, there is every likelihood of arrest of the petitioner/A1. However, from the date of offence already three months are over and the learned Addl. Public Prosecutor submitted that material part of investigation is completed. In these circumstances, this court feels it proper to allow petition on the following terms.

8. IN THE RESULT, the petition is allowed on the following conditions:

a) The Petitioner/1st Accused shall surrender before the leaned II Additional

Civil Judge (Junior Division)-cum-II Additional Judicial Magistrate of I Class,

Kovvur within one week from today and on such surrender, he shall be released on bail on executing bond for the amount of Rs.10,000/- with two sureties each for like sum each, to the satisfaction of the II Additional Civil

Judge (Junior Division) cum II Additional Judicial Magistrate of I Class,

Kovvur.

b) The petitioner/1st accused shall make himself available for the investigation by the police as and when required.

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Crl.M.P.No.70/2025 in Crime No.24/2025 XI ADJ, TPG, WG

Dt.13.05.2025

c) The petitioner/1st accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him or her from disclosing such facts to the Court or to any police officer

d) The petitioner/1st accused shall not leave the jurisdiction of the court without prior permission of the court.

e) On failure to comply with any of the above conditions, the Prosecution is at liberty to move application before this court for cancellation of pre-arrest bail granted to the Petitioner/1st Accused.

Dictated to the Stenographer Grade-1, transcribed by her, corrected,

signed and pronounced by me in open Court, this the 13 day of May, 2025.

Sd/- Sk.Sikinder Basha,

XI ADDL. DIST. & SESSIONS JUDGE,

TADEAPLLIGUDEM.

FAC-IX ADDL. DISTRICT & SESSIONS JUDGE

KOVVUR

Copy To:

1. The II Additional Civil Judge (Junior Division) cum II Additional Judicial

Magistrate of I Class,Kovvur.

2. The Station House Officer, Kovvur Town Police Station.

3. Sri P.Ravi Shankar and Sri M. Raghuram, Advocates for Petitioner/1st Accused.

4

IN THE COURT OF THE IX ADDL. DISTRICT JUDGE; W.G., KOVVUR

PRESENT. SRI SHAIK SIKINDER BASHA

XI Addl. District Judge, Tadepalligudem FAC/IX Addl. District Judge, W.G., Kovvur.

Monday, this the 5th dayof May, 2025

E.P.No.188/2019 in AC. No.67/2018

Between:-

M/s. Shriram City Union Finance Limited., Jangareddigudem branch, rep. by GPA holder Sri D.Ramamohan, s/o. Lakshminarayana, 47 years, Divisional Manager, Shriram city Union Finance Ltd., Eluru, Rep. Jangareddigudem Branch as a GPA holder its regd. Office at 123, Angappanaicken wst. Chennai, A.P. at Liberty road, Hyderabad.

… D.Hr

And

1.Srinivasa Rao Jyesta , S/o. Raghunayakulu, male, 52 years, Poultry farm, D.No. 2-64/41, Vedullakunta, Gopalapuram mandal.

2. Jyesta Raghunayakulu, S/o. Satyam, Male, D.No.2-64/1, Vedullakunta, Gopalapuram mandal.

3.J.Rama Durga, W/o. Srinivasa Rao, Female, 45 years, D.No.2-64/1, Vedullakunta, Gopalapuram mandal.

4.K.Chandraiah, S/o. Manga Rao, Male, 49 years, R/o. D.No.7-6A, Sc colony, Ananthapalli, Nallajrla mandal.

… JDRs

This petition filed by the D.Hr. to pass orders under Order 21 Rule 54 of

CPC for attachment of schedule property of the 2nd J.Dr, and thereafter to pass orders under order 21 Rule 63 to 66 of CPC for sale and deposit the sale proceeds in this mater for realization of the entire EP debt with costs and subsequent interest.

This petition is coming on this day before me for proclamation and sale in the presence of Sri N.V.B.L.Achary, learned Advocate for D.Hr. and Sri

M.Parameswara rao, Advocate for 2nd JDR and no relief sought against J.Drs 1, 3 and 4 and upon perusal of F.S. memo and having stood over for consideration till this day, this Court made the following:

O R D E R

DHR filed F.S. memo stating that matter settled before elders. F.S. is recorded. Hence, E.P is terminated on F.S. memo. Attachment raised and communicate the same to concerned SRO.

Pronounced by me in open court, this the 5 th day of May, 2025.

Sd/-Sri Sk. Sikinder Basha

XI Additional District Judge Tadepalligudem FAC/ IX Additional District Judge, Kovvur

No oral or documentary evidence is adduced on either side.

Id/-Sk.S.B

XI ADJ/TPG FAC/IX ADJ Kovvur.