SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Online)(AP) 11138

HIGH COURT OF ANDHRA PRADESH
K. Suresh Reddy, J
Nare Vijay Kumar Reddy – Appellant
Versus
The State of A.P. – Respondent
CRIMINAL PETITION NOS: 3019. 3306 & 3307 OF 2024



Advocates:
For the Appellants/Petitioners: Suresh Kumar Reddy Kalava
For the Respondents: Public Prosecutor

Anticipatory bail was denied due to the serious nature of charges and prior legal proceedings dictating careful judicial assessment.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 438 - Anticipatory bail application - Petitioners sought bail in connection with alterations in criminal charges from 307 IPC to 324 IPC - The court denied anticipatory bail but directed petitioners to surrender and seek regular bail - Acknowledgment of serious charges and prior denial of bail indicates careful judicial consideration. (Paragraphs 2-5)

(B) Criminal law - Anticipatory bail - Court exercised cautious discretion to deny bail given the complexity of charges and prior applications discussed. (Paragraphs 4-5)

Facts of the case:
The petitioners are accused in a case leading to serious injuries in an attack, originally registered under Section 307, IPC but later altered amidst police procedures. The petitioners had sought anticipatory bail after previous applications were refused.

Findings of Court:
The earlier dismissal and the nature of charges affect the decision regarding anticipatory bail; thus, the court directed petitioners to seek regular bail after surrendering.

Issues: The main issues revolved around the justifiability of grant of anticipatory bail under the given circumstances, particularly given the original and altered charges.

Ratio Decidendi: The court affirmed that the nature of charges and prior legal proceedings warrant careful judicial restraint in bail applications, directing procedural compliance instead.

Result: Anticipatory bail denied, petitioners instructed to surrender and apply for regular bail.

Table of Content
1. petitioners seek bail under cr.p.c. (Para 2)
2. arguments regarding investigations and charge alterations. (Para 3 , 4)
3. court's refusal of anticipatory bail based on nature of allegations. (Para 5)

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Suresh Kumar Reddy Kalava, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent The Court made the following:

APHC010203542024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3239]

(Special Original Jurisdiction)

FRIDAY, THE TWENTY FIRST DAY OF JUNE TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY CRIMINAL PETITION NO: 3019/2024 Between:

...PETITIONER/ACCUSED(S)

Nare Vijay Kumar Reddy and two others AND ...RESPONDENT/COMPLAINANT The State of A.P.

Counsel for the Petitioner/accused(S):

1.SURESH KUMAR REDDY KALAVA Counsel for the Respondent/complainant:

1. PUBLIC PROSECUTOR (AP)

CRIMINAL PETITION NO: 3306/2024 Between:

...PETITIONER/ACCUSED P Naveen AND ...RESPONDENT/COMPLAINANT The State of A.P.

Counsel for the Petitioner/accused: 1.SURESH KUMAR REDDY KALAVA Counsel for the Respondent/complainant:

1.PUBLIC PROSECUTOR (AP)

CRIMINAL PETITION NO: 3307/2024 Between:

Peddabba @ Petia Subrahmanyam and other ...PETITIONER/ACCUSED(S)

AND The State of A.P. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S):

1.SURESH KUMAR REDDY KALAVA Counsel for the Respondent/complainant:

1. PUBLIC PROSECUTOR (AP) The Court made the following:

COMMON ORDER:

As all three petitions are arising out of the same crime, they are being disposed of by this common order.

2. A1, A3 and A5 in Cr.No.29/2023 of Rompicherla Police Station, Chittoor District filed CrI.P.No.3016/2024 whereas, A4 in said crime filed CrI.P.No.3306/2024, and A2 & A6 in said crime filed CrI.P.No.3307/2024. The said crime was registered for the offences punishable under Sections 307, 447, 427 & 323 r/w 34 IPC.

3. Sri Suresh Kumar Reddy Kalava, learned counsel for petitioners, contends that the earlier application filed by the petitioners was dismissed by order dated 06.07.2023 vide CrI.P.No.3809/2023. He further contends that the entire investigation has been completed and the police have already filed charge sheet. He states that though the crime was registered initially under Section 307 IPC, subsequently it was altered to Section 324 and the police issued notice u/s 41-A Cr.P.C . It is only thereafter the police altered the section of law from 324 to 307 IPC as such they are seeking anticipatory bail.

Sri Anand Kumar Kochiri, learned Assistant Public Prosecutor, states

4.

that the mother of de facto complainant received fractures on her both legs.

As such the police are justified in altering section of law from 324 to 307 IPC.

Be that as it may, for the last more than one year the police are not at

5.

all apprehending the petitioners for the reasons best known to them. As the crime was registered more than year back and the earlier application filed by the petitioners u/s 438 Cr.P.C was dismissed by this Court, I am not inclined to grant anticipatory bail to the petitioners. However, the petitioners are directed to surrender before the concerned Court below and move for regular bail. On filing of such application, the court concerned is directed to pass appropriate order in accordance with law within a period of five (5) days thereafter.

With the above directions, these criminal petitions are disposed of.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top