Kesava Rao Vanarche Vs the State of Andhra Pradesh

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAy TUESDAY. THE SIXTH DAY OF MAY. TWO THOUSAND AND TWENTY FIVE

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:PRESENT:

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HONOURABLE DR JUSTICE Y. LAKSHMANA RA CRIMINAL PETITION NO: 3571 OF 2025

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Between:

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Kesava Rao Vanarche. S/o Gopal rao Vanarch. age about 50 yeirif R/o H.No. 109/7-66/C. BC.Colony. Dupadu Village. Kallur Mandal, Kurnool District.

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Ramakrishna Gopal Rao Vanarche. S/o Gopal Rao Vanarche. age 48 years. C/o H.No.78/0- 2, Maharastra Society. Sector-26. Vashi. Navi Mumbai. Thane. Maharashtra-400703.

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Vanarche Ramaraju. S/o Vanarche Gopal Rao. age 52 years.^R/o 7/63. Dupadu Village. Kallur Mandal. Kurnool District.

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...Petitioner/Accused 1 to 3

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AND

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The State of Andhra Pradesh. Rep. by its Public Prosecutor. High Court of Andhra Pradesh at Amaravathi. through P.S. Owk Police Station. Kurnool District.

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...Respondent

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Petition under Section 437 & 439 of Cr.P.C and under Section 480 & 483 of BNSS. 2023 is filed praying that in the circumstances^stated in memorandum of grounds of Criminal Petition, the High Court may be pleased to release the petitioners/AI to A3 on Bail pending investigation, enquiry and trial in Crime No. 19 of 2025. of Owk Police Station. Nandyal District;

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The petition coming on for hearing, upon perusing the^Petitionand memorandum of grounds of criminal petition and upon hearing the arguments of Sri M.B.Thimma Reddy. Advocate for the Petitioners and Public Prosecutor for the Respondent;

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Dr.YLRJ Crl.P.No.3571of202S Dated06.05.2025

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APHC010167122025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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[3521]

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(Special Original Jurisdiction)

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TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO

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CRIMINAL PETITION NO: 3571/2025

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Between:

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Kesava Rao Vanarche and Others

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...PETITIONER/ACCUSED{S)

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AND

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The State Of Andhra Pradesh

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...RESPONDENT/COMPLAINANT

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Counsel for the Petitioner/accused(S):

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1.M BTHIMMA REDDY

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Counsel for the Respondent/complainant:

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PUBLIC PROSECUTOR

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The Court made the following:

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ORDER:

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The Criminal Petition has been filed under Sections 480 and 483of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the petitioners/Accused Nos.1 to 3 on bail in Cr.No.19 of 2025 of Owk Police Station, Nandyala District, registered against the petitioners/Accused Nos.1 to 3 herein for the offence punishable under Section 105 of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’).

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The case of the prosecution is that the petitioners/Accused^Nos.1 to 3 were attacking the defacto-complainant who is husband^{ofthedeceased} who

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2

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Dr.YLRJ Crl.P.No.3571of2025 Dated06.05.2025

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when tried to interfere with them, an altercation took place, and she was pushed down to the ground. As a result, she fell on stone and sustained bleeding injuries. She was shifted to the hospital for treatment. While undergoing treatment for eight days, she succumbed to the injuries. Later, the police altered the section of law from Sections 115(2), 351(1), and Section 79 read with 3 (5) of ‘the BNS’ to Section 105 of ‘the BNS’.

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Heard, learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record.

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Sri M.B.Thimma Reddy, the learned counsel for the petitioners^submits that the petitioners have not committed any offence; they are sole breadwinners of their families; they would abide by any conditions to be imposed by this Court; and urged to enlarge the petitioners on bail.

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Per contra, Ms. P.Akila Naidu, the learned Assistant Public Prosecutor, submits that a prima facie case was made out against the petitioners and the petitioners had committed an offence under Section 105 of ‘the BNS’, causing culpable homicide not amounting to murder. The charge sheet has been filed, the P.R.C. number is awaited, and urged to dismiss the petition.

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On perusal of the record, the petitioners have been in the judicial custody for the past 76 days. The allegation was that they have committed culpable homicide not amounting to murder which is punishable under Section 105 of ‘the BNS’. In this case, the charge sheet has already been filed and the learned Magistrate is yet to take cognizance of the offence.

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Dr.YLRJ Crl.P.No.3571of2025 Dated 06.05.2025

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In view of the gravity of the case, nature of the allegations^{levelledagainst} the petitioners in the complaint and also in the record,^{theperiodofdetention} undergone by them in the judicial custody and factum^{offilingthechargesheet,} this Court is inclined to enlarge the petitioners on^{bailwithstrictconditions.} 8. In the result, the criminal petition is allowed with^{thefollowingconditions:}

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i) The petitioners/ accused Nos.1 to 3 shall be enlarged^onbail

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subject to the executing a bond for a sum of Rs.10,000/(Rupees ten thousand only), with two sureties each^forthelike sum each to the satisfaction of the learned Judicial 1®* Class Magistrate, Banaganapalli, Nandyala District,

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ii) The petitioners/ accused Nos.1 to 3 shall appear^beforethe Station House Officer, Owk Police Station, Nandyala^District, on Saturday once in two weeks in between 10:00 am and^05:00

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pm., till the conclusion of the Trial,

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iii) The petitioners/ accused Nos.1 to 3 shall not^directlyor indirectly influence or threaten or meet the witnesses^including

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the de-facto complainant. SD/- K.SRINIVASA RAJU ASSISTANT ISTRAR

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<br>\ ,.

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//true copy//

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SECTION OFFICER