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2025 DAILYLAW 20111 (AP)

PADARTHI PRABHAKAR v. THE STATE OF AP

CRLP/5864/2025 · 2025-06-24

A Hari Haranadha Sarma

body2025

Judgment text

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lN THE HIGH COURT OF ANDHRA PRADESH AT AMARA WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE, TWO THOUSAND AND TWENTY FIVE CRIMINAL PETITION NO.- 5864 OF 2025 T`-l^:\,`l` l`r:'\ l` .|PRESENT.I THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA Between.. 1. Padarthl prabhakar, s/o padarth,I samelu John, Aged about years, R/o. 9-90a, Kankatapalaem, VTC Bapatla, Bapatla District. 2 Smt. padarthi sampurna, w/o padarthl samelu John, Aged about years, R/o.15-88-43/1 Jagannadhapuram, Bapatla post, Bapatla Dl'strict. ` v AND I--Petitioners/Accused Mos.1 & 2 The state of AP, through s H=TO , chlrala ll Town p.s., Bapatla Dlstnct, represented by its public Pro;ecutor, HI-gh Court of Andhra pradesh, AmaravatI'. ...Respondent petI-tl-On under Section 482 of cr.p.c, is filed prayI-ng that Ion the circumstances stated l'n the grounds flled ln support of the crlml'naI Petltlon, the Hl|gh court may be pleased to grant ant,clpatory Ba" to the petitloners ln the FIR No. 145/2024 for the offences u/s 498-A, 306 I/w 34 IPC, PendI'ng lnvestlgatIOn and trfal else the pe[ItIOners/accused Nos 1 & 2 suffer serIOuS Prejudice and irreparable loss. The petition coming on for-fiearjng, upon perusI-ng the Petjtjon and the grounds filed in support thereof and upon hearl-ng the arguments of sri challa AR]aaeynhKnu^:_a+r'.LA_a:ca:e for the petitioners a:a :;i:i;il:":r::e-::tUolrl-a::ar Respondent, the court made the fojlowjng THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA CRIMINAL PETITION No.5864 of 2025 ORDER: 1. This is an application filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of pre-arrest bail. The petitioners herein are arrayed as accused Nos.1 and 2/Al and A2, in Crime No.145 of 2024 of Chirala lI Town Police Station, Bapatla District, with the allegations of committing the offence under Section 498-A IPC I/w 34 IPC. Subsequently altered to Sections 498-A IPC, 306 r/w 34 lPC. 2. The petitioners pray for a direction to release on Bail, in the event of their arrest. 3. Heard both sides. 4. Point for determination: Whether the petitioners/Al and A2 are entitled for grant of pre-arrest bail in terms of Section 482 of BNSS? lf so, on what terms? Point: 5. The case of the prosecution, in brief, is that the informant-Uppalapati shakem /for short ffthe deceasedJJ, is the wife of the lSt petitioner. During their matrimonial life, the deceased and the lst petitioner are blessed with a daughter. The 2nd petitioner is mother of the lst petitioner and mother-in-law of the deceased. Due to the harassment of the petitioners/Al and A2, the deceased `-I..-..-_i €z,rf; , t i.I I+ returned to her parental home. Subsequently, mediations are held with the influence of elders and the deceased was sent to marital home. However, the deceased noticed that the let petitioner is having extra marital affairs with another woman and when the same was questio.ned, 1st petitioner did not change his behavior and harassed the deceased. Even, the 2nd petitioner / mother-in-law also did not support the deceased, taken side of her son i.e., the lSt petitioner. Due to which, the deceased came to maternal home and on 29.05.2024, when no one at home, the deceased consumed rat poison and while undergoing treatment at Hospital, succumbed to the-poison. Thus, the petitioners / accused are liable for prosecution and punishment in terms of Sections 498-A and 306 of lPC. 6. Learned counsel for the petitioners submitted that the allegations are false and the statement annexed to the FIR is dated 03.06.2024, registration of FIR is 05.06.2024, which is after the death of the deceased and it is indicating the registration of Section 498-A only, whereas Section 306 of lPC is added subsequently. 7. Learned counsel for the petitioners further submitted that the allegations pr,-ma fac,|e does not attract 306 of lPC., as the proximity between the ,alleged harassment and prompting the deceased for suicide, are not reflec,+led in the statement of the deceased or in the statement of her brother i.e. Uppalapati Prabhudas, appears to be recorded on 05.06.2024. The petitioners are ready to `r ~ cTrfeG#r- Jt Tbr 3 abide by the conditions that may be imposed. Therefore, the petitioners deserve the relief since they are afraid of arrest and prayed to extend the benefit in terms of Section 482 of BNSS. 8. Learned Assistant Public Prosecutor submitted that six witnesses were examined and receiving of FSL reports tare pending, which suggest that substantial part of the investigation is completed. 9. Upon considering the facts and circumstances of the case, the nature and depth of allegations, the prayer for grant of pre-.arrest bail found convincing. 10, [n the result, the Criminal Petition is a[[.owed, on the following conditions: 1) Petitioners are directed to appear before concerned S.H.O. within l15' days, on such appearance or in the event of their arrest, they shall be released on bail in respect of crime No.145 of 2024 of Chirala lI Town Police Station, Bapatla District, which was registered with the allegation of committing offence under Section 498-A IPC, on the condition of Petitioners executing bail bonds for Rs.25,000/-each with two sureties each for a like sum to the satisfaction of the S.H.O., Chirala II Police Station, Bapatla District. 2) The Petitioners and their sureties shall furnish their permanent residential address details and identity particulars to the concerned police and keep the Police informed about the change in address, if any, time to time. 3) The petitioners shall co-operate with the investigation agency, by furnishing necessary and legally permissible.information and they shall not <-fu.-.Z / interfere with the investigation process like contacting or influencing the witnesses. 4) The petitioners shall not leave India, without permission of the concerned Court. To, SD/- N.NAGAMMA .ASSISTANT R //TRUE COPY// SECTIO OFFICER 1. The Station House Officer, Chirala ll Town Police Station, Bapatla DistrictE 2. One CC to Sri Challa Ajay Kumar, Advocate [OPUC] 3. Two CCs toPUBLIC PROSECUTOR, High Court of A.P., Amaravati. [OUT] 4. One spare copy. PSD .,i-I. I u+ ` _ ----a-- \ HIGH COURT AHHS,J DATED :25/06/2025 ANTICIPATORY BAIL ORDER CRLP.No.5864 of 2025 ALLOWED ~ i -.}v¢.+..-'-. `