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2025 DAILYLAW 13259 (AP)

KANDIKATTU SIRISHA v. THE STATE OF ANDHRA PRADESH

CRLP/3357/2025 · 2025-04-10

T Mallikarjuna Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA r/ THURSDAY, THE TENTH DAY OF APRIL, TWO THOUSAND AND TWENTY FIVE :PRESENT: HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO.I 3357 OF 2025 Between : 1. KandI-kattu Sirisha, w/o pepakayala Hari Babu Aged about 37 years, R/o 3-16C-5/A1, Near Mother Teressa Statue, Santhi Nagar, Kakinada, East Godavari District. 2. Chetla surya venkata Ramana, S/o Ch. Ganga Raju, Aged about 55 years, R/o D.No.6-4-216, lndira Nagar, Pl'thapuram, Kakinada, East Godavari Distrl-ct. ...Petitioners/Accused No.1 & 2 -:I.AND State of Andhra Pradesh, Rep by its public prosecutor, HI'gh Court of Andhra Pradesh, Amaravathi, Through Ill Town Police Station, Kakinada ...Respondent Petition under section 480 & 483 of BNSS (Old Sections 437 & 439 of Cr.P.C), praying that in the circumstances stated in the memorandum of grounds filed in support of the crl-minal petition, the Hl|gh Court may be Pleased tO release the petitioners on bail, pending I-nvestigation in Crime No. 16 of 2025 on the file of the SHO III Town Police Station, Kakinada District. Counsel forthe petitioners .I M/s CKR Associates Counsel for the Respondent : AssI'Stant Public Prosecutor. The Court made the following ORDER: APHCO10158962025 E] HE] lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE I MALLIKARJUNA RAO CRIMINAL PETITION NO: 3357/2025 Between: Kandikattu Sirisha and Others AND The State Of Andhra Pradesh counsel for the Petitioner/accused(S): 1.CKR ASSOCIATES [3369] ...PETITIONER/ACCUSED(S) ...RESPONDENT/COMPLAINANT counsel for the Respondent/complainant 1. PUBLIC PROSECUTOR The Court made the following: This Criminal Pet'ltion, u/See.480 & 483 of the Bharatiya Nagarik suraksha Sanhita, 2O23, has been filed by the petitioners/Al and A2, seeking bail, in Crime No.16/2O25 of Kakinada Ill Town Police Station, Kakinada District. 2. A case has been registered against the petitioners and another for the offence punishable u/Sec.318(2) r/w 3(5) of B.N.S. 3. Heard learned counsel for the Petitioners and the learned Assistant public Prosecutor representing the reSPOndenVState. \`\ =I rig? rai= I 2 4. Case of the prosecution, in brief, iS that, th'lS iS a Case Of Cheating in furtherance of their common intention that occurred in between 09.12.2024 and o3.02.2O25 at infinite group, da'lry farm center, Kakinada Urban in which the complainant M.Tulasi Mir'l alleged that she and ll members formed a Tulasi marry group and she has been President of their group. Accused 1 to 3 met their group members and promised sanction group loan in infinite group bank at dairy farm center at Kakinada. So saying, accused collected aadhar cards, pan cards, blank cheques and charges of Rs.3,000/- from Tulasi marry group members. A3 took the tulasi marry group members to infinite group to met Al on that Al promised that she will sanction group loan of Rs.1,00,000/-but they have to pay Rs.1,130/-to infinite group bank, accordingly all the group members paid the said charges. After 15 days, all group members went to infinite group and asked Al and A2, as to why loan amount was not sanctioned, at that time Al and A2 again demanded amount for immediate sanction of group loan. Then all the group members paid the said charges but still loan was not sanctioned to their group. Thereafter they came to know that Al and A2 were collecting money for loan from so many persons. Later complaint was lodged and basing on the complaint the Al and A2 were arrested and on 12.3.2025 and remanded them to judicial custody. 5. Heard. Perused the record. t /_w' of>fr<,4igiv 3 6. Learned Assistant Public Prosecutor submits that investigation in this case is going on and the petitioners are habitual offenders and prays to dismiss the criminal petition. 7. Learned counsel for the petitioner submits that the lSt petitioner is suffering from colon cancer and in support of said contention he filed medical record and the 2nd petitioner is aged about 55 years and prays to enlarge them on bail. 8. After careful observation of the material on record and submissions made on behalf of both sides, it shows that the petitioners have been in judicial custody from 12.3.2025. A perusal of the medical record would go to show that the lSt petitioner is suffering from colon cancer. The reading of the complaint also indicates that the amount said to be involved is Rs.28,OOO/-only. lt is further brought to the notice of the Court that learned lV Additional Judicial First Class Magistrate, as per its orders passed in CrI.M.P.No.766/2O25 has granted police custody. ln the said facts of the case it is his submission that further detention of the petitioners is not required. Considering the material on record, this Court finds that most Of the investigation perta-lning to the role played by the petitioners is completed and custodial interrogation of the petitioners is not required. As it is submitted by the learned Public Prosecutor that the petitioners are habitual offenders, imposing stringent conditions would meet the ends of justice. t>+-t ( --` 4 |+ 9. ln the result, the Criminal Petition is al,owed with the following conditions: (i) The petitioners/Al and A2 herein shall be released on their executing a personal bond for Rs.25,OOO/-(Rupees twenty five thousand only) each with two sureties for a like sum each to the satisfaction of the learned lv Additional Judicial Magistrate of F'lrst Class, Kakinada; (ii) On release, the petitioners sha[[ appear before the Station House Officer concerned as and when their presence iS required. The petitioners shall not contact with the witnesses. They shall not interfere with the investigation. iii) 2nd petitioner is directed to appear before the Station House Officer concerned on every Sunday between 10.00 a.m. and 01.00 p.m., for a period of three (03) months. (iii) the petitioners shall not tamper with the evidence and hamper the investigation and shall cooperate for investigation. A'( SD/-U.SRI DEVI E . //TRUE COPY// For A( ASSISTANT GISTRAR SECTION OF To, 1. The IVAdditionaI Judicial Magistrate of First class, Kakinada. 2. The Superintendent, central Prison, RaJ'amahendraVaram, East Godavari District. 3. The Superintendent, sub Jail at Kakinada, Kakinada DI-Strict. 4. The Station House Officer, Kakinada lll Town Police Station, Kakinada District 5. One CC to M/s CKR Associates [opuc] 6. Two cos to Publl-c Prosecutor-'r(AP) High Court ofAndhra Pradesh [OUT] 7. One spare copy CVSS HIGH COURT TMR,J DATED : 10/04/2025 BAIL ORDER CRLP.No.3357 of 2025 ALLOWED :..I:!:,.-:i:'i` tii€'`€```5tF±A±.a EEL- * _J|