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High Court of Andhra Pradesh · body
2025 DAILYLAW 15857 (AP)
MADDULA KOTESWARAMMA v. THE STATE OF ANDHRA PRADESH
CRLP/3054/2023 · 2025-09-07
Y Lakshmana Rao
body2025
[ 2025 DAILYLAW 15857 (AP) · dailylaw.ai ]
[ 2025 DAILYLAW 15857 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
ib ii\|\\\ I `:=} IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl MONDAY, THE EIGHTH DAY OF SEPTEMBER, TWO THOUSAND AND TWENTY FIVE :PRESENT:
HONOURABLE DR JUSTICE Y. LAKSHMANA RA CRIMINAL PETITION Mos.: 3dg4, 30g6, gO57, 306atand 3061 d``E CRIMINAL PETITION NO: 3054 OF 2023 Between :
1. Maddula Koteswaramma, W/o. Bikshalu aged about 82 Years, R/ o. Nidumolu, Krishna District
2. Maddula Nagarani, W/o. Maddula Pamu Kondaiah aged about 33 years, R/o. H No. 16-446/llA, Machavaram Mettu, Machavaram, Chilakalapudi, Machilipatnam, Krishna District
3. Boddu Venkatesh waramma, W/o. Late. Boddu Arjunudu, aged 58 years, occ. Housewife, R/o. Nidumolu, Mavva Mandal, Krishna District ...petitioners/Accused No.3 to 5 AND The State of A.P., through S.H.O., P.S., Pedana, Krishna District rep.by its Public Prosecutor, High Court of Judicature at Amaravati ...Respondent/Complainant petition 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 enlarge the petitioners on anticipatory bail duly directing the respondent-police to release the accused on bail in the event Of their arrest in FIR No.103 of 2023 of P.S., Pedana, Krishna District. \ `}` <'\ CRIMI Between.I Maddula Pamu Kondajah, s/o. Bl'kshalu aged about 46 Years, occ-Advocate, R/o. Nidumolu, KrI®Shna DI-Strict ...Petitioner/Accused No.2 AND The State of A.P., through s.H.O., P.S., Pedana, KrI'Shna Djstrl-ct rep.by its public prosecutor, HI|gh Court of Judl-cature at Amaravatj. ...Respondent/complaI-nant Jpetitjon under sectllOn 482 of Bharatiya Nagarl-k suraksha sanhita, 2o23 (438 of crp.c), praying that ln the circumstances stated ln the memorandum of grounds fl'Ied ln Support Of the CrjmI'nal Petition, the HIgh court may be pleased to enlarge the petitI'Oner on anticl'patory ba" duly directI-ng the respondent-police to release the accused on baI'I in the event of hl's arrest in FIR No.103 of 2023 of P.S., Pedana, KrI'Shna District. N NO: 3057 OF Betwee n : Maddula Nagaraju, s/o BI'kShalu aged about 40 years, R/ o. H No 16-446/ll, Machavaram Mettu, Machavaram, chI-IakalapudI-, MachI'Iipatnam, KrI'Shna District , i. ...Petitioner/Accusecl No.1 AND The State of A P., through s H O., P S., Pedana, Krlshna Distr]'ct rep by Its pubII-C Prosecutor, High court at Amaravati.
I..Respondent/complaimaffif
•----- ---:-5-- -, / )-#/ /i/ /// / //, / petition under section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (438 of Cr.P.C), praying that in the C'lrCumStanCeS Stated in the memorandum of grounds filed in support of the Criminal Petition, the High court may be pleased to enlarge the petitioner on anticipatory bail duly directing the respondent-`police to release the accused on ba-ll in the event of his arrest in FIR No.103 of 2023 of P.S., Pedana, Kri;hna District. CRIMINAL PETITION NO: 3060 OF 2023 Between : Talari Venkateshwar Rao, S/o. Padda Nancharaiah aged about 35 years, R/o'. 2-61, Ambedkar Street, Chirichintala, Gudivada Mandal, Nuzella, Krishna District .I.pet:itioner/Accused No.7 AND. The State of A.P, through S.H.O., P.S.,. Pedana, Krishna Distr'lct rep.by its public Prosecutors High Court of Judicature at Amaravati. ...Respondent/Complainant ? petition 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 -ln support of the Criminal Pet-ItiOn, the High court may be. pleased to enlarge the petitioner on anticipatory bail iduly directing the respondent-pol-Ice to release the. accused on bail in the event of his arrest in FIR No.103 of 2023 of P.S., Pedana, Krishna D'lstrict. OF 2023 CRIMINAL PETITION NO: 3061 Between: Dasari Suvarna Kumari, W/o. Chinnarn- Venkateshwar Rao aged about 29 years, R/o. H No. 16-446/i1, Machavaram Mettu, Machavaram, Chilakalapudl', Machilipatnam, Krishna District I..Petit[-oner/Accused No.6 AND The State of A.P, through s.H.O., P.S., Pedana, Krishna Dl-strict rep.by its Public Prosecutor, High Court of Judicature at Amarava{i. ...Resp-ondent/complainant Petition under section 482 of Bharatiya Nagarik Suraksha Sanhita,I 2023 (438 `of Cr.P.C), praying that in the circumstances stated in the memorandum of grounds filed in support of the crl-minal petition, the High court may be pleased to enlarge the petitioner on anticipatory bail duly directing the respondent-police to release the accused on bail l'n the event of her arrest in FIR No.103 of 2023 of P.S., Pedana, KrI-Shna District.
Counsel forthe PetitI-OnerS : Sri N Ravi Prasad (in all the above petitions) Counsel for the Respondent : Ms.P.Akhila NaI'du (in all the above petI'tiOnS) Assistant Public Prosecutor. The Court made the following COMMON ORDER:
APHCO10204812023 EHE" lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR,JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NOs: 3054 3057 [3521] 3060 and 3061 of 2023 CRIMINAL PETITION NO: 3054/2023 Between : Maddul'aKoteswaramma and Others AND The State Of Andhra Pradesh counsel for the petitioner/accused(s):
1.N RAVI PRASAD ...PETITIONER/ACCUSED(S) ...RESPONDENT/COMPLAINANT Counsel for the Respondent/complainant:
1.-PUBLIC PROSECUTOR (AP) CRIMINAL PETITION NO: 3056/2023 Betwee n : MaddulaPamuKondaiah AND The State Of Andhra Pradesh Courasel for tine P@tiitioner/accused:
A '` c: ."pETmONER/ACCljSED
"|RESPONDENT/e©REPLAiNANT _ i. *. i,I-
=+.-_ __ _ \ i i 1.N RAVI PRASAD Counsel for the Respondent/complainant.-
1. PUBLIC PROSECUTOR (AP) CRIIV[INAL PETITION NO: 3057/2023 Betwee n : MaddulaNagaraju AND The State OfAndhra Pradesh Counsel for the petitioner/accused:
1.N RAVI PRASAD H.PETITIONIER/ACCUSED H.RESPONDENT/COMPLAINANT Counsel for the Re`spondent/complaI-nant:
1. PUBLIC PROSECUTOR (AP) CRIMINAL PETITION NO-- 3060/2023 Betwee n : TalarI' Venkateshwar Rao AND The State OfAndhra Pradesh Counsel for the petitioner/accused:
1.N RAVI PRASAD ...PETITIONER/ACCUSED H.RESPONDENT/COMPLAINANT Counsel for the Respondent/complainant.I
1. PUBLIC PROSECUTOR (AP) EEi
--£ rsgr¥__ CRIMINAL PETITION NO: 3061/2023 Between: Dasari Suvarna Kumari AND The State Of Andhra pradesh counsel for the Petitioner/accused:
1.N RAVI PRASAD ."PETITIONER/ACCUSED u.RESPONDENT/COMPLAINANT Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR (AP) The Court made the following:
COIV]IVION ORDER: The Criminal Petition Nos.3054, 3056, 3057, 3060 and 3061 of 2023have been filed under Section 482 of BharatiyaNagarik Suraksha sanhita, 2023 (for brevity .fthe BNSSJ)by the petitioners/accused Nos.3 to 5, petitioner/accused No.2, petitioner/accused No.1, petitioner/accused No.7 and petitioner/accused No.6 respect'lvely, for granting pre-arrest bail in COnneCtiOn with crime. No.103 of 2023of PedanaPolice Station, Krishna District, registered for ,the alleged offences pun`is.hable under sections498-A, 506, 509 r/w 34, 354(a), 354(c), 376 r/w 511 of Indian Penal Code (for short [the lPC]). •.I f2. These five Criminal Petition, Mos.3054, 3056, 3057, 3060 and 3061-of 2023 are heard and disposed Of by Way Of this common Order, aS the petitioners in those petitions are accused in one crime. CASE OF THE PROSECUTION:
3.
The case for the prosecution, in a nutshell, is that the complainant submI-tied a report Stating that her marriage took Place in the year 2014 with accused No.1 and that she has given birth to two children. Prior to ll.04.2023, at the house of accused No.1, H.No.16-446/ll, MachavaramMettu, Machavaram, Chilakalapudi, Machilipatnam, Krishna District, accused No.1 harassed' the defacto complainant both mentally and physically. ACcused No.2 also harassed 'her and attempted to satisfy his sexual desire. Accused Nos.3 to 6 supported accused Nos.1 and 2, while accused No.7 took nude photos of the de facto complainant via phone and also demanded sexual favors. All the accused threatened her with dire consequences and i'nsulted her modesty.
CONTENTIONS OF THE COUNSEL FOR THE PETITIONER:
4. Sri N. Ravi Prasad, Iearne-d counsel for the Petitioners/accused Nos.1 to 7, respectfully submits that the Petitioners have been falsely implicated in the present case and have not committed any offence as alleged. The Petitioners are the sole earning members of their families, and their arrest would cause irreparable hardship to their dependents. The crime occurred in / 2023, and the investigation has been completed with the charge sheet has already been filed. Th'e PetitI-OnerS are Willing to abide by any conditions that this Court may deem fit and proper for the grant of anticipatory bail. The +i 5 \
;: '--_-I--i i.f_ Petitioners have got fixed abod and have cooperated with the trial before the learned trial Court. There is no likelihood of their absconding or tampering with prosecution evidence. Therefore, it is prayed that this Court may be pleased to grant pre-arrest bail to the Petitioners/Accused Nos.1 to 7 in the interest of justice.
ARGUMENTS OF THE ASSISTANT PUBLIC PROSECUTOR:
5. Per contra, Ms. P. Akila Naidu, learned Assistant Public Prosecutor, vehemently opposed the granting of pre-arrest bail, contending that the petit'loners are not available for investigation. The investigation in this case has been completed, and the charge sheet has been filed, but the C.C. number is still awaited. lt is submitted that if the Petitioners are granted pre- arrest bail, they may influence witnesses or tamper with evidence, 'thereby c,bstructing a fair and impartial trial. ln view of the seriousness of the allegations and the potential risk to the 'lntegrity of the investigation, it is prayed that the instant bail applications be dismissed. 6. Thoughtful consideration is bestowed on the arguments advanced by the learned Counsel for both sides, I have -perused the entire record. POINT FOR CONSIDERATION:
7. !n the light of the case of the prosecution and the contentions Of the learnec! counsel for both the sides, now the point for consideration is:
"whether the Petitioners are entitled for grant of pro-arrest bail?" ' ,I f| --`!-ch-`
8. The defacto comp[ajnant in her report dated ll.04.2023 lodged to the police alleged that petitioners/accused Nos.1 to 7 caused cruelty and harassment to the de facto comp!al-nant, threatened her with dire consequences, and two of the petjtjoners outraged her modesty. The defacto complainant and accused No.1 are husband and wI'fe. The learned Assl'stant public Prosecutor submits that the investI'gatjOn has been completed and the charge sheet has been fI'Ied, but the c.c. number I-s awaI-ted. The de facto complainant submitted a computer typed report runnI-ng into four pages, leveling allegatI|OnS against the Petitioners. petI'tiOner No.1/accused No.3 is approx[|mately 82 years old, she js grandmother of defacto complainant. petI|tl-Oner No.3/accused No.5 js of approximately 58 years old, she Its sister-in- law of defacto complainant. The de facto compla[-nant has arrayed not only her husband as an accused but also the grandmother of her husband and other relatives. Accused No.7 js a friend of accused No.1. 9. The accused No.1-Maddula Nagaraju, who js a physI-Otherapist by profession, married the defacto complaI-nant on 07.06.2014. They belong to different communitI-eS: the accused No.1 belongs to the Mala community, whl-le the defacto complajnant belongs to the Gowda community. They were blessed wI-th two Children, a daughter and a son.
on 17.04.2O23, the accused No.1 subml'tted an appljca{jon to the authorj{]-es through spandana, allegI®ng
alleging that his wife/defacto complainant had developed illegal intimacy with Bade Srinivas Gandhi and Putti-Srin'lvasa Rao, who are the neighbOurS Of accused No.1. The Call Detail Records (C.D.Rs.) between the defaCtO complainant and these two individuals Were Submitted With the Petition. Additionally, on 12.02.2023, the accused No.1-Maddula Nagaraju, filed a report with the station House Officer of Chilakalapudi Police Station, leveling similar allegat'lons against the defacto complainant. Thus, there are allegat'IOnS and counter-allegations between the accused and the defaCtO complainant. The accused No.1 has expressed fear that the defaCtO complainant, through her alleged illegal intimacy with the above mentioned two persons, may cause his .death at any moment. The petitioners are permanent res'ldents of Krishna Distr'lct. Since the entire investigation has been completed and the charge sheet filed, but the Case Was not yet numbered, the question 6f petitioners threatening the witnesses or hampering the investigation or tampering the evidence may not arise. 10. In view of the nature of the allegations leveled against the Petitioners, the completion of investigation, and the filing of the charge sheet, this Court is inclined to grant pre-arrest bail to the petitioners with the following stringent •,I Conditions: a) ln the event of arrest of the petitioners/accused Mos.1 to 7shall be enlarged on bail On executing a Personal bond for a Sum of Rs.10,000/-(Rupees ten thousand only)each with two sureties _-:~i:A.
for the like sum each to the satisfaction of the arresting police officials; b) The Petitioners/accused Nos.1 to 7 shall appear before the learned trial Court on every adjournment and shall cooperate with the trial. ll. Accordingly, the Criminal Petition Nos.3054, 3056, 3057, 3060 and 3061 of 2023 are allowed. / SD/-A. VIJAYA BABU ASSISTANT GISTRAR //TRUE COPY// Rdi SEC-rION-dFFICER To,
1. The S{atjon House officer, pedana pol['ce statf-on, Krishna DistrI-Ct. 2. One CC to Srj N Ravi Prasad, Advocate [opuc]
3. Two CCs to Public prosecutor, HI-gh Court ofAndhra pradesh [ouT]
4.
One spare copy CVSS
i- \ I HIGH COURT Dr.YLR,J DATED : 08/09/2025 BAIL ORDER CRIMINAL PETITION Nos.: 3054, 3056, 3057, 3060 and 3061 OF 2023 ...`. '`.`:!<`t.I. i ALLOWED