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2025 DAILYLAW 14688 (AP)

MOLAKA SREENATH v. THE STATE OF ANDHRA PRADESH

CRLP/3882/2025 · 2025-04-17

T Mallikarjuna Rao

Public Interest Litigationbody2025

Judgment text

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APHC010184072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3882/2025 Between: Molaka Sreenath and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. VARUN BYREDDY Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: This Criminal Petition, u/Sec.480 & 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioners/A1 and A2, seeking bail, in Crime No.25/2025 of Kolimigundla Police Station, Nandyal District. 2. A case has been registered against the petitioners/A1 and A2 for the offence punishable u/Sec.85 r/w 3(5) B.N.S initially and later it was altered to Section 80(2) r/w 3(5) of B.N.S. 3. Heard learned counsel for the petitioners and the learned Assistant Public Prosecutor representing the respondent/State. 2 4. Case of the prosecution, in brief, is that, the defacto complainant having two daughters and one son and among them, the elder daughter is married and the younger daughter by namely Sunitha(herein after to be referred as deceased) aged about 20 years was given in marriage to A1, who is son of A2, on 04.4.2024 and performed their marriage. The deceased and A1 lived happily initially for a period of two months and thereafter A1 and A2 started harassing the deceased physically and mentally. A1 used to suspect her fidelity. The same was informed to her parents by the deceased. Even after conducting Panchayat, the behavior of the accused did not mend. On 04.02.2025 in the mid night, the deceased came to her parents house and vomited several times. On enquiry by her parents, she disclosed that, unable to bear the harassment of the accused, she consumed weed poison. She was taken to Tadipatri Government Hospital and from there to Ananthapuram Government Hospital and finally shifted to Kurnool General Hospital for better treatment. While undergoing treatment she died. Basing on the complaint of the defacto complainant who is the mother of the deceased, the crime was registered and during the course of investigation, arrested the accused on 25.02.2025. 5. Heard. Perused the record. 6. Learned counsel for the petitioners submit that on reading of the whole complaint indicates that the ingredients of Section 80(2) BNS will not attract and prays to allow the criminal petition. 3 7. Learned Assistant Public Prosecutor submits that investigation in this case was not completed, some more witnesses are to be examined and prays to dismiss the criminal petition. 8. After careful observation of the material on record and submissions made on behalf of both sides, it shows that prima-facie the ingredients of Section 80(2) of B.N.S. attract. As seen from the record, the deceased who is the wife of the 1st petitioner/A1 and daughter in law of 2nd petitioner/A2 died otherwise than under normal circumstances within one year of the marriage. Learned Assistant Public Prosecutor submits that investigation is pending and some more witnesses are to be examined. In the event of the release of the petitioners, the investigation would be hampered. Considering the serious nature of the accusation made against the petitioners, this Court is not inclined to grant bail to the petitioners at this stage. 9. In the result, the Criminal Petition is dismissed. ____________________________ JUSTICE T MALLIKARJUNA RAO Dated: 17.4.2025 RD 4 THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION No.3882 of 2025 Dated: 17.4.2025 RD