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High Court of Andhra Pradesh · body

2025 DAILYLAW 18830 (AP)

Mahankali Naveen Kumar, v. The State of A.P.

CRLP/5481/2025 · 2025-05-28

Y Lakshmana Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[3521 I lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl THURSDAY ,THE TWENTY NINETH DAY OF MAY TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RA CRIMINAL PETITION NO: 5481 OF 2025 Between I. Mahankali Naveen KumarH S/o.Ayodhya, aged 22 years, R/o.D.No. 3-1-112 E, Raamu query Sitara Centre, Kabela, Vijayawada Petitioner/Accused AND 1. The State of Andhra Pradesh, represented by its Public Prosecutor, High court of A.P. Velagapudi .Amarava{hi 2. Dara Jessica Rani, D/o. Narasimha Rao, aged 16 years, R/o. Block No. 30, GF6, Vambay colony, XL Plant Apartments, AJ-ith Singh Nagar, vijayawada. (Victim Girl, defacto-complainant) Respondents petit-Ion under sections 437 and 439 of Cr.P.C(New Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita,2023), is filed 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 petitioner /Accused on Bail in Crime No. 83 of 2025 of Ajith Singh Nagar Police Station Vijayawada City the interest of justice and equity. The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of sri ETUKURI MADHU MURTHY, Advocate for the Petitioner and of PUBLIC PROSECUTOR for RespondentrtR! court made the following I- ORDER lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (special original Jurisdiction) THURSDAY ,THE TWENTY NINETH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5481/2025 Betwee n : Mahankali Naveen Kumar, The State Of A P and Others of [3521] ...PETITIONER/ACCUSED AND ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1. ETUKURI MADHU MURTHY Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR The Court made the following: ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharat'lya Nagarik Suraksha Sanhita, 2023 (for brevity [the BNSS'), seeking to enlarge the Petitioner/Accused on bail in Cr.No.83 of 2025 of A.S.Nagar Police Station, Vijayawada City, registered against the petitioner/Accused herein for the Offence Punishable under Sections 137 (2),127 (3), 64 (1) of the Bharatiya Nyaya Sanhita, 2023 (for brevity t`\\ L` P-lJ--==7 2. The case of the prosecution, in a nutshell, is that the petitioner/accused got acquaintance with the victl-m girl through lnstagram and they used to chat and the petitioner/accused started following her while she was going to college and returning home and in this connection, a case was registered against the petitioner/accused. 3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 4. Sri Etukuri Madhu Murthy, the learned counsel for the Petitioner submits that the petitioner has not committed any offence; the petitioner is the sole breadwinner; the petitioner would abide by any conditions to be imposed by this Court; and urged to allow the petition. 5. Per cot,ira, Ms. P. Akila Naidu, the learned Assistant Public Prosecutor, opposed in granting of bail stating that the petitioner/accused is also involved in another crime; the petitioner is aged about 22 years; the de-facto complainant is aged about 16 years; if the petitioner is enlarged on bail, he would not be available for the investigation and he would escape from the clutches of law; and urged to dismiss the bail petition. ln this case, the charge sheet has been filed. •Z t=~ st =-,-9 .. -£.`J *^ - 7 / I__|i-,- 6. As seen from the record, the Petitioner has been in the judiCial~ custody for the past 93 days. The petitioner iS resident Of Sitara Centre, Kabela, Vijayawada. lf the Petitioner iS enlarged on bail with stringent conditions, he would not flee away from the CIutches of the law, and interest of the justice would be served. 7. Keeping in view of the Period Of detention undergone by the petitioner in judicial custody for the past 93 days, the nature and gravity of allegation levelled against the Petitioner, this Court is inclined to enlarge the petitioner on bail with the following stringent conditions. 8. ln the result, the criminal Petition iS allowed with the following stringent condit-Ions: i. The petitioner/Accused shall be enlarged on bail subject tO he executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), With two Sureties each for the like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Vijayawada, NTR District. ii. The petitioner/Accused shall appear before the Station House Officer, A.S.Nagar Police Slat-Ion, Vijayawada City, on every saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. 8_ -~> I I •` iii. The petjtI'Oner/Accused shall not leave the limits of the DjstrI-Ct Without prI'Or permissI-On from the learned Judicial Magistrate of First class, vijayawada, NTR Djstrjct. iv. The petitioner/Accused shaH not commit or indulge in commission of any offence in future. v, The petitioner/Accused shall cooperate with the investigatI'ng offI-Cer in further investigation of the case and sha" make himself available for interrogation by the investigating officer as and when required. vI'. The petitioner/Accused shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from dI'SCIOSI-ng Such facts to the court or to any poll-Ce Officer. //TRUE COPY/ 1. 2. 3_ 4. To, psk GISTRAR FlcER The Judicial MagI-Strafe of Fl-rst class, vljayawada, NTR DI'StrjCt. The speclaI Judge for speedy Tr,|al of offences under protection of children from sexual offences Act at vI'jayawada. The superintendent, sub-JaI-I, NandI-gama. The SHO., AJIth Singh Nagar pol'ce station vIJayawada Cltv. Oneccto SRI. ETUKIJRJM^r`lHI I..__ 5. One cc to SRI ETUKURI MADHU MURTHYAdvocate [opuc] _ _. .iJ. . , `Ht,ul I UIICe t5tatjon VI-jayawada cllty. 6. Two cos to the PUBLIC PROSECUTOR, Hlgh court ofA P [OPUCJ 7. One spare copy -I-=='``,=se\._cee±.9>====fr~t_=.~____I._ HIGH COURT DR.YLRJ DATED.. 29/05/2025 BAIL ORDER CRLP.No.5481 of 2025 ALLOWED