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2025 DAILYLAW 20160 (AP)

Prudhvi Uma Sankar, v. The State,

CRLA/369/2025 · 2025-06-17

Venkata Jyothirmai Pratapa

Criminal Appealbody2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL APPEAL No.369 of 2025 Appeal under Section 14A (2) of SC,ST (POA) Case Act-2015, against the orders of the IV Additional District and Sessions Judge-cum- Special Judge for trail of SC/ST (POA) Act Cases; Guntur in Crl.M.P.No.880 of 2025 dated 5-06-2025 consequently to release the petitioner on bail in Crime No. 106 of 2025 on the file of Lalapet Police Station, Guntur, Guntur District. Between: Prudhvi Uma Sankar, S/o. Late Raju, 48 years, R/o. Flat No. 103 Dwaraka Apartment, Inner Ring Road, Guntur Town and District. ...PETITIONER/ACCUSED N0.5 AND 1. The State, Station House Officer, Lalapet Police Station, Guntur District Rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. 2. Eluri Nandini, D/o. Srinivasa Rao, 28 years. You Tube Influencer, 3'^ lane, Nethaji Nagar, K.V.P. Colony, Guntur City, Mobile; 6302956903. ...RESPONDENTS Counsel for the Appellant : SRI K L N SWAMY Counsel for Respondent No.1: PUBLIC PROSECUTOR Counsel for Respondent No.2: NONE APPEARED The Court made the following JUDGMENT : 1 APHC010282092025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL APPEAL NO: 369/2025 Between: Prudhvi Uma Sankar, ...APELLANT AND The State and Others ...RESPODENT{S) Counsel for the Apellant: 1.KLNSWAMY Counsel for the Respodent(S): 1. PUBLIC PROSECUTOR The Court made the following: 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL APPEAL NO: 369/2025 JUDGMENT: The present Criminal Appeal has been preferred by the Appellant/Accused No.5 against the order of the IV Additional District Sessions Judge-cum- Special Judge for Trial of SCs & STs (POA) Act Cases, Guntur in Crl.M.P.No.880 of 2025 dated 05.06.2025 rejecting the regular bail application in Crime No. 106 of 2025 of Lalapet Police Station, Guntur District. The case of the prosecution is that the Accused No.1 cheated the 2. defacto complainant who is a schedule caste girl by refusing to marry her after fulfilling his sexual lust under false promise of marriage, on receipt of huge amount and gold towards dowry and abused her and insulted her modesty, when the defacto complainant and her supporters compelled A1 to marry her. 3. Heard Sri K.L.N.Swamy, learned Counsel for the Appellant/Accused No.5 and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. Notice is served on the de-facto complainant. Learned Counsel for the appellant would submit that the appellant herein is A5 who is the Maternal Uncle of A1. The appellant has nothing to do with the present case. It is alleged against A1 that having agreed for the marriage after performing the engagement ceremony for the marriage. A1 did not choose to marry the victim and A1 along with his family members refused and avoided the marriage with the victim girl. Making such allegations, a 4. 3 report has been submitted to the Police and the No. 106 of 2025 and investigated into. Police registered it as Crime 5. Now the point that would Impugned Order dismissing the Regular Bail the Trial Court is sustainable on facts and law?’ emerge for determination is “Whether the application of the appellant by \ 6. A perusal of the impugned order would show that the dismissal is that there i dismissal of previous bail application seriousness in the matter. reason for IS no major change of circumstances in between the as per the CD. There is a gravity and 7. Learned Counsel for the appellant Accused No.5 has nothing to do with the offence, further submit that subsequent to lodging of the would further submit that the Learned counsel would present case, A1 got married with the de-facto complainant and they are living together as a family. Learned counsel would further submit that the appeilant has been in judicial custody since 19.05.2025. 8. Learned Assistant Public Prosecutor would submit that there is no other case pending against the appellant who is the Maternal Uncle of At and the Court may pass appropriate orders. 9. Considering the submissions made and in the backdrop of the allegations made against the appellant who is Accused No.5, nothing i attributed against him that he IS participated in the act of alleged cheating against the victim. Furthermore, the appellant has been in judicial custody for F 4 the last one (1) month. By this time, the investigation may also have been completed. Hence it is apposite to release the appellant on regular bail on the following conditions: i. The Appellant shall execute personal bond for Rs.20,000/- (Rupees Twenty thousand only), with two sureties for a like sum each to the satisfaction of the concerned Magistrate Court.. ii. Appellant is directed not to hamper the investigation and tamper the prosecution witnesses. iii. It is made clear that the Appellant shall scrupulously comply with the above conditions and breach of any of the above conditions will be viewed seriously and prosecution is at liberty to move an application for cancellation of the bail. In the result, the Criminal Appeal is allowed. 10. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. SDI- E.KAMESWARA RAO JOINT REGISTRAR ^ecti^Tofficer //TRUE COPY// To 1. The IV Additional District Sessions Judge-cum- Special Judge for trail of SC/ST (POA) Act Cases, Guntur, Guntur District. 2. The IV Civil Judge (Junior Division), Guntur, Guntur District. 3. The Superintendent, Central Prison, Guntur, Guntur District. (By Speed Post or Special Messenger) 4. The Station House Officer, Lalapet Police Station, Guntur, Guntur District. 5. One CC to Sri K L N Swamy, Advocate [OPUC] 6. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh, Amaravathi [OUT] 7. The Section Officer, Criminal Section, High Court of Andhra Pradesh Amaravathi at 8. Three CD Copies TK TAC HIGH COURT DATED:18/06/2025 JUDGMENT CRLA.No.369 of 2025 ALLOWING THE CRIMINAL APPEAL