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2025 DAILYLAW 10208 (AP)

Mallikarjun Kandati v. The State Of Andhra Pradesh,

CRLP/2436/2025 · 2025-03-27

K Sreenivasa Reddy

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

+ I --~ IN THE HIGH COURT'OF ANDHRA PRADESH AT AMARAV THURSDAY, THE TWENTY SEVENTH DAY OF MARCH, TWO THOUSAND AND TWENTY FIVE :PRESENT: HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 2436 OF 2025 Betwee n : 1. Mallikarjun Kandati, Aged about 39 Years, S/o Mr.K.MuniVenkata chelam,16th Cross, Gayathri Layout, Residing at R.V. Resjdency, FIat No.A-1, FIoor, 3rd Stage, KR Puram Bangalore-560036, 2. Sowjanya, D/o.S.Babu Rao, Aged about 40 years, Occ- Principal Euro Kids KR Puram Branch, R/o lst Main, 3rd Stage,16th Near Chinmayi Activity Center, Basavanapura Main Road, Gayathri Layout, Bangalore North, Bangalore-560036 .. I Petitioners/A1 |A2 AND The State Of Andhra Pradesh, Rep. by its Public Prosecutor, High Court at Amaravathi Through S.H.O., Nawabpeta P.S., NeIIore D'lstrict. ...Respondent Petit'lon under Section' 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (438 of Cr.P.C), praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to grant interim bail to the Petitioners/Accused by directing the Respondent Nawabpeta PS, Nellore District, not to arrest the petitioners in connection with crime No. 123/2024 on the file of Nawabpeta PS, Nellore District dated 15.05.2025 till final adjudication of the criminal petition. Counsel forthe Petitioners : Sri S Dushyanth Reddy counsel for the Respondent : public prosecutor. The Court made the following ORDER: 1 APHCOIO115082O25 lN THE HIGH COURT OF ANDHRA PRADESH _ -. J|-I E "I "I--I-----ATAMARAVATl (special original Jurisdiction) [33 27] THURSDAY, THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SR] JUSTICE K SREENIVASA REDDY Between I. Mall'lkarjun Kandati and Others ...PETITIONER/ACCUSED(S) AND The State OfAndhra PradeSh ...RESPONDENT/COMPLA[NANT counsel for the petitioner/accused(s)I. 1.S DUSHYANTH REDDY counsel for the RespOndentlCOmPlainant'. 1. PUBLIC PROSECUTOR The Court made the following Orde" 1. The Cr-lminal Pet-lt|lOn, under Section 482 of the Bharat'lya Nagar-lk SurakSha Sanhita, 2023, iS filed On behalf Of the pet-ltioners/accused Nos.1 & 2 tO grant antiCiPatOry ba" -ln connection with crime No.123 of 2024 of NawabPet Police Stat'lon, Nellore D'lstr-lot. = & I 2 2. A case has bee-n.registered against the petitioners/accused Nos.1 & 2 for the offences punishable under sections 498A and 494 I.P.C. and Sections 3 & 4 of the Dowry Prohibition Act. 3. Case of the prosecution l®s that, on 15.05.2024, a report has been lodged by the de-facto complainant stating that her marriage was performed with the accused No.1 on ll.08.2013 in the Presence Of elders. Later, accused started harassing the de-facto complal'nant both physically and mentally for want of additional dowry. Further, the de-facto complaI'nant Came tO know that accused No.1 is having extra marital affairs with a school Principal (who js shown as accused No.2). Subsequently, de-facto complainant also came to know that accused No.1 got married with accused No.2. 4. Heard. Perused the record. 5. A perusal of the material available on record goes to show that earlI'er the de-facto complainant has resorted in filing a case l'n crime No.16 of 2024 on 19.O1.2024 of Nawabpet Police Station, Nellore District, for the offences punishable under sections 323, 506, 509, 109 read wl'th 34 I.P.C. It appears that the accusations contained in crime No.16 of 2024 and in the present Crime are one and the same.I -,-, 6. Learned counsel further submits that no offence under Section 494 I.P.C. has been made out for the reason that there is no -\ ii= LEEIRE 3 marriage subsisting between accused No.1 and 2 and at this stage, it is only an accusatiorf' that has been made agaI®nSt the petI'tiOnerS hereI-n. 7. The present complal'nt has been filed with the same set of allegations, as made in the earlI'er complaint. ConsiderI'ng the facts and cl'rcumstances of the case, this court is inclfI'ned tO grant anticipatory bail to the petitioners/accused Nos.1 & 2. 8. Accordingly, in the event of theI'r arrest, petitioners/accused Nos.1 & 2 shall be released on bail on executI-ng a Personal bond for a sum of Rs.10,000/-(Rupees ten thousand only) each, wI'th two sureties for the like sum each to the satisfaction of the arresting police officials and also on condition that the petitI'OnerS Shall make themselves available for ,'nvestI'gatiOn as and when required and that he sha" not cause any threat, inducement or promise to the Prosecution Witnesses. The petI'tiOnerS Sha" appear before the station House Officer, Nawabpet police stall-on, once in a week i.e. on every sunday between 10.00 a.m. and o5.00 p.m., tl-ll filing of the charge sheet. 9. Accordingly, the crimI-hal Petition is allowed. Miscellaneous petitions, l'f any, pending, shall stand closed. SD/- M.sRl //TRUE COPY// A Ford ASSISTANT To, 1. The S.H.O., Nawabpeta police Station, Nellore District. 2. One CC to SRI. S DUSHYANTH REDDYAdvocate [OPUC] 3. Two cos to Public Prosecutor (AP) High Court ofAndhra Pradesh [ouT] 4. One spare copy CVSS ~ HIGH COURT SRK,J DATED :27/03/2025 BAIL ORDER CRLP.No.2436 of 2025 ALLOWED ?.i&