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2025 DAILYLAW 20874 (AP)

KOTHAPALLI VAMSI KRISHNA v. THE STATE OF ANDHRA PRADESH

CRLP/6020/2025 · 2025-06-25

Y Lakshmana Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[3521 I IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV THURSDAY ,THE TWENTY SIXTH DAY OF JUNE` TWO THOUSAND AND TWENTY FIVE :PRESENT.I THE HONOURABLE DR JUSTICE Y. LAKSHMANA RA CRIMINAL PETITION NO: 6020 OF 2025 Betwee n : Kothapalli Vamsi Krishna, KothapallI-China Hanumaiah, Aged about 31 Years, R/o.D.No.19-1-94, Kandukuru MandaI, VTC Vikkiralapeta, Prakasam District. yue Thfty ch L7S6 Petitioner/Accused-1 AND The State OfAndhra Pradesh, through s.H.O., Maddipadu P.S,Prakasam District, rep. by its public prosecutor High Court ofAndhra Pradesh, At Amaravati. Respondent/Complainant Petition under section 482 of BNSS (438 of Cr.P.C.,) praying that I|n the circumstances stated in the affidavit filed in support of the criminal Petition, the High Court may be pleased to grant antI-CiPatOry bail tO the Petitioner/Accused in connection with crime No. 195 of 2023, dated 17.08.2023 of the Maddipadu Police Station, Prakasam District., directing the respondent police tO enlarge the petitioner/Accused No.1 on bal-I in the event of his arrest I-n connection wI-th the Said Case COUNSEL FOR THE PETITIONER : SRl. SOMISETTY GANESH BABU COUNSEL FOR THE RESPONDENT : PUBLIC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER APHCO10294292025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl I (Special Original Jurisdiction) [3521] THURSDAY ,THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CR[M[NAL PETITION NO: 6020/2025 Betwee n : 1.KOTHAPALLI VAMSI KRlsHNA, KOTHAPALLI CHINA HANUMA'IAH, AGED ABOUT 31 YEARs, R/O.D.NO.19-1-94, KANDUKURU MANDAL, a VTC VIKKIRALAPETA, PRAKASAM DISTRICT. ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, through S.H.O., Maddipadu P.S prakasam District, rep. by its Public Prosecutor High Court of Andhra Pradesh, At Amaravati. ...RESPONDENT/'COMPLAINANT Counsel for the Petitioner/accused: 1.SOMISETTY GANESH BABU Counsel for the Respondent/comPIainant: 1.PUBLIC PROSECUTOR The `Court made the following: ORDER: The Criminal Petition _has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sa[nhjta, 2023 (for brevity £the BNSSJ) by the petitioner for .--.. ---, -.` --.I--`-.~..`l---.`l-.- granting of pre-arrest bail in connection With Crime No.195 of 2023 of +`-.` Maddipadu Police Statid`fi, Prakasam , District, registered for the alleged _` `| +~-. H +I _+. offences punishable under Sections 417 and 376 of the Indian Penal Code, 1860 (for brevity [the I.P.C.I) 2. Facts, in brief, of the case are that on 17.08.2023 at 10:00 hrs, Muvva Madhavi Latha, aged 23 years and resident of .MadI'Padu Village and mandaI, reported at the police station that she has been employed as an Associate Consultant with Wipro in Gachibowli, Hyderabad for the past two years. During her academic years, she frequently visited her elder maternal aunt's residence in Vikkiralapeta village, Kandukur mandaI, where she became acquainted with the Accused No.1/Kothapalli Vamsi Krishna, aged 29 years, a software employee at DLF Cognizant, Hyderabad. Their friendship developed into a romantic relationship. Upon being asked {o marry, the Accused No.1 deferred on the grounds of his sister's pending marriage. During this period, the Accused No.1 allegedly engaged in non-consensual sexual relations with the complainant on five occasions in Hyderabad, citing the promise of marriage, the last of which reportedly occurred on 10.ll.2022 at Super OYO GokuI Grand nea.r SR Nagar Police Station. Subsequent familial discussions about marriage failed to materialize, despite multiple assurances by the Accused and his family. lt later emerged that the Accused had travelled abroad on 29.07.2023, contrary to his assurances, and has since ceased all communication with the complainant. 3. Heard learned counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record. I----I--` `- `+-ia 4. Sri Somisetty Ganesh Babu, learned counsel for the Petitioner, Submits I. that the pe{I'tiOner iS the SOle bread Winner Of his family. The petitioner has not committed any offence and he was falsely implicated in this case. The petitioner would abide by any condition to be imposed by this court. 5, Per confra, Mr. Neelotphal Ganji, the learned -Assistant Public Prosecutor, opposed in granting of bail stating that the some more material witnesses have to be examined; investigation is not completed; if the petitioner is enlarged on bail, he would not be available for the investigation and the would escape from the clutches of law; and urged to dismI'SS the baI'l petition. 6. Even as per the averments of the report lodged by the de-facto complainant, the Petit'loner and the derfacto complainant have been in the love affair for the past .five and half years. The petitioner iS now in United States of America, working as Software Engineer. The de-facto complainant arrayed the parents of the petitioner also as Accused Nos.2 and 3, who were got the benefit notice under 41-A of the Code of Criminal Procedure,1973 (for -,---`~ ` `` --- brevity fthe cr.p.c.,I)/35 (3) of fthe BNSSJ. Considering the entire gamut of the case, the prayer of the Petitioner is found convincing and reasonable for grant of pre-arrest bail. In view of the above facts and circumstances Of the Case, this Court is inclined to consider the request of petitioner for grant of an{icipatory bail. 7. Accordingly, this criminal petition is allowed with the following directions: a) ln the event of arrest of the petitioner, the petitioner shall be enlarged on bail on executing a personal 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 arrest-lng police officials; b) The petitioner Shall make himself available for invest-IgatiOn aS and when required; c) The Petitioner Shall not Cause any threat, inducement Or promise to the prosecution witnesses; d) The petitioner Shall appear before the Stat'lon House Officer concerned once in a week i.e., on every saturday between 10.00 a.m. and 05.00 p.m., till f'lling Of the Charge Sheet. e) The Petitioner Shall not leave the district limits W-lthOut the express permission from the statllon House Officer concerned. 8. Accordingly, the Criminal Petition iS allowed. //TRUE COPY// To, 1. The Station 2. OneCCtO 3. Two CCs_+e SD/-lj.SR! DEV!- ASSISTANT TRAR SECTION OFFICER House OfflCer, MaddlPadu Pollce StatlOnl PrakaSam DlstHct sHROluSseoO#CseET+\:%u*= ilH ^B^T`Bri unEAAdPV\oC=\Te\ \O P u C\ puBL'C PF\OSECUTOR, H`gh Court Of A PLOUT] J. lVYV _ 4. One SPare COPY HIGH COURT DR.YLR,J DATED.. 26/06/2025 BAIL ORDER CRLP.No.6020 of 2025 ALLOWED