M Moorthy alias Remo alias Sriramamurthy Vs The State of Andhra Pradesh

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IN THE HIGH COUR-I OF ANDHRA PRADESH AT AIVIARAVATl,,I FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE

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:PRESENT:

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THE HONOURABLE SR[ JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 6291 OF 2025

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Between.I

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M Moorthy @ Remo @ sriramamurfhy, w/o. (Late) Munaswamy, Aged 38 years, R/o. Jambucheruvukotta!u, H/o. AnimiganipaIIi, Now R/o. VendugampalII', Kuppam ManciaIJ Chittoor District.

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.. ]Petjtjoner/AccusecE

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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 Amaravati

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...Respondent/complainant

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petI'tiOn under Sections 480 & 483 of BNSS, praying that I-n the circumstances stated in the memorandum of grounds fI-led in support of the crimI-naI Petl'tion, the High Gourf may be pleased to direct the stall-On House officer, Kuppam urban police station, chI'ttOOr District to release the petitioner/Accused on bail pending investigation, inquiry and trial in Cr.No.:g 89/2025 of Kuppam urban po!_ice station, chittoor District.

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The Petjtjon coming on fo,-hearing, upon perusing the petjtl'on and the memorandum of grounds filed in support thereof and upon hearing theiB arguments of SRI D PURNACHANDRA REDDY Advocate for the petitioner, and of PUBLIC PROSECUTOR, for the Respondent, the court made the= followI'ng

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r-/,-i

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APHCO10307332025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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[3327]

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FTJELH (Special Original Jurisdiction)

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FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAivD AND TWENTY FIVE

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PRESENT

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TH-E HONOURABLE SRI JUSTICE K SREENIVASA REDDY

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CRIMINAL PET[T[ON NO: 6291/2025

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Between :

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M Moorthy AIias Remo Alias H.PETITIONER/ACCUSED Sriramamurthy

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AND.

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The State OfAndhra Pradesh I.|RESPONDENT/COMPLAINANT

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Counsel for the Petitioner/accused:

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D PURNACHANDRA REDDY

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Counsel for the Respondent/complainant:

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1.PUBLIC PROSECUTOR

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The Court made the following Order:

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The Criminal Petition, under Sections 480 and 483 of the

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Bharatiya .Nagarik Suraksha Sanhita, 2023 is filed on behalf of the

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petitioner/accused seeking regular bail in Crime No.89 of 2025 of

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Kuppam UPS, Chittoor District.

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A case has been registered against the petitioner herein for the offence punishable under section 103 (1 ) BNS.

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Case of the prosec'ution is that, on 18.04.202'5, at about 12:00

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noon, the de-facto complainant lodged a report stating that on the same day, between 08:15 a.m. and 09:10 a.m., an incident occurred I near IRM College, Kuppam Town| It is Stated that while the accused was proceeding towards Kuppam Town, he encountered one S. Mahaboob Basha, aged about 59 years (since deceased), who was crossing the road. An argument.ensued between the accused and the deceased. Subsequently, as the deceased continued walking towards Kuppam, the accused, in a sudden fit of rage, intercepted him and physically assaulted him with his hands, causing severe bleeding injuries. The injured was immediately shifted to the Government Area Hospital, Kuppam, and later referred {o PIS Hospital for advanced medical treatment. However, upon examination at PES Hospital, the doctors declared that S. Mahaboob Basha had succumbed to the injuries sustained during the assault.

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Heard the learned counsel appearing on behalf of the petitioner/accused and the learned Assistant Public Prosecutor for the State.

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Perused the record.

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A perusal of the available'material reveals that on the date of the incident, i.e., 18.04.2025, a verbal altercation took place between the deceased and the accused. In the course of the said altercation, the accused allegedly punched the deceased on the chest, as a result of which bleeding began from the mouth of the deceased and he collapsed unconscious. Later the deceased had died. Even accepting the entire accusation to be true, there is any ambiguity for the offence under section 103 (1 ) B.N.S., would attract as against the petitioner herein. As per the remand report, no weapon has been used by the petitioner herein except alleging that the petitioner has fisted deceased on his chest and face. The petitioner was arrested on 2O.04.2025 and since then, he is in judicial custody.

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Learned Assistant Public Prosecutor submits that major part of the investigation is coinpleted except filing of the charge-sheet.

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-i=-,\

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8, ln view of the aforesaid facts and circumstances] this court is

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inclined to grant bail to the petitioner/accused herein, on the following conditions.

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(i) The petitioner/accused herein shall be released on his executing a personal bond for Rs.10,OOOf (Rupees ten thousand only) with two sureties for a like sum each to the satisfaction of the learned Additional Judicial Magistrate of First Class, Kuppam.

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(til) On release, the petitioner/accused shall appear before the Station House Officer concerned once in a week i.e. on every Sunday between 10.00 a.m. and 05.00 p.m., till filing of the charge-sheet.

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