APHC010299182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL APPEAL No.383 of 2025 Appeal under Section 14 A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, aggrieved by the order dated 28.05.2025 passed in Crl.M.P.No.822/2025 in Crime No.106/2025 on the file of the IV Additional Sessions Judge cum Special Judge for Trail of Cases under Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act 2015, Guntur, Guntur District. Between; Puram Kailash, S/o. Siva Late, Telaga, Aged about 29 years, D.No. 24- 22-03, Nallacheruvu, 1l‘Nane, Near Masjid, Guntur City. ...Appellant/Petitioner/Accused No.1 AND 1. The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh, Amaravati. ...Respondent/Complainant 2. Eluru Nandini, D/o. Eluru Srinivasa Rao, Female, Age 28 years, R/o. 3 Lane, Nethaji Nagar, Guntur Town. rd ...Respondent/De-facto Complainant Counsel for the Petitioner : Sri Mangena Sree Rama Rao Counsel for Respondent No.1: Public Prosecutor Counsel for Respondent No.2: None Appeared The Court made the following: APHC010299182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL APPEAL NO: 383/2025 [3396] Between: 1.PURAM KAILASH, S/O. SIVA LATE, TELAGA, AGED ABOUT 29 YEARS, D.NO. 24-22-03, NALLACHERUVU, 11TH LANE. NEAR MASJID, GUNTUR CITY. ...APELLANT AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR. AMARAVATI. 2.ELURU NANDINI, D/0. ELURU SRINIVASA RAO, FEMALE, AGE 28 YEARS, R/0. 3RD LANE, NETHAJI NAGAR, GUNTUR TOWN. ...RESPODENT(S): HIGH COURT OF ANDHRA PRADESH. Counsel for the Appellant: 1. MANGENA SREE RAMA RAO Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR The Court made the following: JUDGMENT: The instant criminal appeal has been filed by the Appellant/Accused No.1 seeking to set aside the Order dated 28.05.2025 passed in CrI.M.P.No.822 of 2025 on the file of the Court of the Special Judge for trial of cases under SCs & STs (PoA) Act-cum-IV Additional Sessions Judge, Guntur and to release him on bail. Case of the prosecution, in brief, is that, the marriage of the de facto complainant with the Appellant/Accused No.1 was fixed and they both were 2. 2 engaged on 10.03.2025 and the parents of the de facto complainant paid advance dowry of Rs. 10.00 lakhs and 20 sovereigns of gold ornaments and other articles to the Accused and that Appellant/Accused assistance his mother and sister, committed sexual intercourse with the facto complainant by saying deceitful words and thereafter intentionally He also abused her in the name of her caste and also threatened her to circulate her photos in social media. 2. Heard Sri Mangena Sree Rama Rao, learned counsel for the Appellant/Accused No.1 and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor for State. 3. Learned counsel for the Appellant would submit that the Appellant herein married the de facto complainant and subsequently, she lodged another complaint for the offence under Section 498-A IPC and Sections 3 & 4 of the D.P.Act. Learned counsel would further submit that the father of the No.1 with the de avoided her. de facto complainant, who is working in the Police Department, by influencing the Police, foisted false cases against the Appellant, submitted that there are no criminal antecedents against the Appellant. Appellant is ready to furnish sureties to the satisfaction of the Court. It is The 4. Learned Assistant Public Prosecutor fairly conceded that the Appellant married the de facto complainant. would submit that the Court may pass appropriate orders. Learned Assistant Public Prosecutor 3 5. Now the point that would emerge for determination is: Whether the impugned order passed by sustainable or not? the learned trial Judge is POINT: 6. Considering the submissions and initially the present complaint has been and his family members for the offences as seen from the material on record, lodged against the Appellant herein under Sections 319(2), 351(2), 79, and Section 3(2) (va) of SCs & STs Subsequently, due to intervention 64(2)(m) and 61(2) read with 3(5) of BNS (PoA) Amendment Act, 2015. elders, the matter of the No.1 married the on 23.04.2025. Thereafter, disputes arose between the complainant lodged another complaint in Section 85 of BNS and Sections of SCs & STs (PoA) Amendment passed the impugned order dismissing grant of bail on the ground that the Nos.2 to 4 and 6 have to be was settled and the Appellant /Accused de facto complainant parties and again the de facto Crime No. 137 of 2025 for the offence under 3 and 4 of DP Act and Section 3(1) (r) (s) Act, 2015. The learned trial Judge the application of the Appellant for investigation is not yet completed and Accused apprehended. 7. The main allegation leveled had sexual intercourse with the against Appellant/Accused No.1 is that he de facto complainant under the guise of marry her. However, at the intervention of on 23.04.2025. The Appellant has been in marriage and thereafter refused to elders, they both got married 4 judicial custody since 20.05.2025. In such circumstances, it is desirable to grant bail to the Appellant, however, by imposing some conditions. Accordingly, the appeal is allowed setting aside the Order dated 28.05.2025 passed in Crl.M.P.No.822 of 2025 on the file of the Court of the Special Judge for trial of cases under SCs & STs (PoA) Act-cum-IV Additional Sessions Judge, Guntur and Appellants/Accused Nos.8 and 14 are granted bail, on the following conditions: 8. i. Appellant/Accused No.1 shall be released on bail on his executing a personal bond for Rs.20,000/- (Rupees twenty thousands only) with two sureties for a like sum each to the satisfaction of the trial Court. ii. On release, the Appellant/Accused No. 1 shall appear before the Station House Officer concerned, once in a week i.e. Sunday between 10.00 a.m. and 05.00 p.m till filing of charge sheet. on iii. The Appellant is directed not to hamper the investigation and tamper with the prosecution witnesses, iv. 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. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed Sd/- E KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The IV Additional Junior Civil Judge, Guntur, Guntur District. 2. The IV Additional Sessions Judge-cum-Special Judge for Trail of Cases under scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, Guntur, Guntur District. > 3. The Superintendent. District Jail, Guntur. Guntur District. The Station House Officer, Lalapet Police Station, Guntur District. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh Amaravathi[OUT] One CC to Sri Mangena Sree Rama Rao, Advocate [OPUC] The Section Officer, Criminal Section, High Court of Andhra Pradesh. Three CD Copies 4. 5. 6. 7. 8. TK sree high court DATED;30/06/2025 JUDGMENT CRLA No.383 of 2025 ALLOWING THE CRIMINAL appeal