Andhra Pradesh High Court – Amravati
Rayavarapu Madhava Rao vs State Of Ap on 20 December, 2024
APHC010377762024
IN THE HIGH COURT OF ANDHRA
PRADESH
AT AMARAVATI
(Special Original Jurisdiction) [3396]
FRIDAY, THE TWENTIETH DAY OF DECEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT. JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION NO: 6012/2024
Between:
1. RAYAVARAPU MADHAVA RAO, S/O MALA KONDA RAYUDU, R/O.
GADDA VENAKATA RAMAIAH NAGAR 2ND LINE, KAMAKSHI
TOWERS GFI, MADHURA NAGAR, VIJAYAWADA, NTR DISTRICT-
520015
2. VALLURU NEEHAR, S/O SAMBASIVA RAO, R/O. D.NO. 2-25,
RAMALAYAM VEEDHI, G KONDURU MANDALAM,
CHAINANADIGAMA, NTR DISTRICT -521230
3. JUJJUVARAPU RAJU, S/O PRASAD, D.NO. 36-8-46, NEHRU NAGAR,
MOGALARAJUPURAM, A L F CHURCH, VIJAYAWADA, NTR
DISTRICT PIN 520004
...PETITIONER/ACCUSED(S)
AND
1. STATE OF AP, REP., BY ITS PUBLIC PROSECUTOR, AP HIGH
COURT, AMARAVATHI REP., FOR THE STATION HOUSE OFFICER,
PATAMATA P.S, NTR DISTRICT.
2. DAMMALAPATI LAKSHMI RAJU, S/O. NAGESH, D.NO.77-149-21, A
COLONY, VIDYA SAGAR UDYOGI NAGAR, RAJEEV NAGAR, NTR
DISTRICT. RESPONDENT NO.2 IS IMPLEADED AS PER THE
COURT ORDER DATED 09.12.2024 IN I.A.NO.2 OF 2024 IN
CRL.P.NO.6012 OF 2024.
...RESPONDENT/COMPLAINANT(S):
Counsel for the Petitioner/accused(S):
1. KUNUKU RAJA SEKHAR
Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR
The Court made the following:
2
ORDER:
The instant petition under Section 438 of Code of Criminal Procedure
has been filed seeking to grant anticipatory bail to the Petitioners/Accused
Nos.1 to 3, in connection with Crime No.591 of 2024 of Patamata Police
Station, Vijayawada City, which was registered for the offences under
Sections 384, 500 and 506 read with 34 of Indian Penal Code.
2. Heard Ms.K.Sravanthi, learned counsel representing Sri K.Raja Sekhar,
learned counsel for the Petitioners and Ms. K.Priyanka Lakshmi, learned
Assistant Public Prosecutor representing the State.
3. Learned counsel for the Petitioners would submit that the offences
alleged against the Petitioners are punishable with less than seven years
period of imprisonment and Police may be directed to follow the procedure
contemplated under Section 41-A Cr.P.C. Learned counsel would further
submit that, liberty may be given to the Petitioner to file fresh application
before the Special Court.
4. Learned Assistant Public Prosecutor would submit that the Police may
be directed to follow the guidelines issued by the Hon’ble Apex Court in
Arnesh Kumar v. State of Bihar1.
5. Considering the submissions, this criminal petition is disposed of with
the following;
a. Investigating Officer is at liberty to complete the investigation, in
accordance with law.
1 (2014) 8 SCC 273
3
b. In the event of any coercive action sought to be taken against the
Petitioners, concerned Police authorities are directed to scrupulously
follow the procedure prescribed under Section 41-A Cr.P.C., and the
guidelines laid down by the Hon’ble Supreme Court in Arnesh
Kumar‘s case (supra).
c. The Petitioner is at liberty to file fresh application before the Special
Court, if so advised.
Pending applications, if any, shall stands closed.
______________________________________
JUSTICE VENKATA JYOTHIRMAI PRATAPA
Date: 20.12.2024
Dinesh
4
HON’BLE SMT. JUSTICE VENKATA JYOTHIRMAI PRATAPA
Crl.P.No.6012 of 2024
Dt.20.12.2024
Dinesh