^, APHC010304022025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI S;*'0 0 TUESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL APPEAL NO: 400 OF 2025 Appeal under Section 14-A (2) of SC & ST (PDA) Act, aggrieved by the order dated 17.06.2025 passed in CrI.MP No. 164 of 2025 on the file of the Special Judge for Trail of Cases Under SC/ ST (POA) Act -Cum-VI Additional District Judge, Tirupati, and release the petitioner/Accused No.1 on bail, pending investigation in Crime No. 40 of 2025 on the file of Tirumala II Town Police Station, Tirupati District. Between: Kuppam Radha Krishna, S/o. Late K.P. Venkata Swamy, aged about 59 years, R/o. Door No. 18-1-5/A4, Ramachandra Nagar, (Urban) Mandal, Tirupati District. Tirupati, Tirupati ...Petitioner/Accused No.1 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, of Andhra Pradesh, Amaravathi, Through Tirumala Station, Tirupati District. High Court II Town Police ...Respondent/Complainant Counsel for the Petitioner: Sri Kanderi Chethan Counsel for the Respondent: Public Prosecutor The Court made the following; V‘- APHC010304022025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL APPEAL NO: 400/2025 Between: 1.KUPPAM RADHA KRISHNA, S/O. LATE K.P. VENKATA SWAMY, AGED ABOUT 59 YEARS, R/0. DOOR NO. 18-1-5/A4,’ RAMACHANDRA NAGAR, TIRUPATI, TIRUPATI (URBAN) MANDAL,’ TIRUPATI DISTRICT. ...APELLANT AND 1.THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravathi, Through Tirumala II Town Police Station, Tirupati District. ...RESPODENT Counsel for the Apellant: 1.KANDERI CHETHAN Counsel for the Respodent: 1. PUBLIC PROSECUTOR The Court made the following: THE HONOURABLE DR JUSTICE VENKATA CRIMINAL APPEAL NO: 400/?n7‘; jyothirmai pratapa judgment- The present Criminal Appeal has been preferred by the against the order of the learned Special Judge for 1989-cum-IV Additional District Judge, 17.06.2025 rejecting the bail Police Station, Tirumala. Appellant/Accused No.1 Trial of Cases under SC/ST (POA) Act Tirupati, in Crl.M.P.No.164 of 2025 dated application in Crime No. 40 of 2025 of II Town 2. The case of the prosecution is that the Accused No.1 cheated the defacto complainant who is them for arranging shop license, when asked and her family. He also used to observe the women while bathing and went for toilet in a private place. 3. Heard Sri K.Chethan, learned Counsel for and Ms. K. Priyanka Lakshmi, learned Assistant of the State. a schedule caste girl by extorting money from to return the same, abused her defacto complainant and other the Appellant/Accused No.1 Public Prosecutor on behalf 4. Learned Counsel for the appellant would submit that is relating to the shop between the complainant, due to which, several the very same complainant. Learned Counsel in fact, the dispute appellant/accused and the defacto cases have been lodged against him by would further submit that the appellant has been in judicial custody for the last forty five (45) days. Learned Counsel would further submit that charge sheet is filed in this matter. 3 cognizance of the offence is also taken. Learned Counsel finally submits that the appellant is ready to furnish sureties to the satisfaction of the Court. Learned Assistant Public Prosecutor opposed the appeal and would 5. submit that four (4) cases of similar nature are lodged against the appellant/accused. The statement of the victim has been recorded under Section 164 of Cr.P.C, charge sheet was filed in this matter. The Court has taken cognizance of the offence. 6. Considering the submissions made and a fair look at the impugned order passed by the learned Special Judge for Trial of Cases under SC/ST (POA) Act, 1989-cum-IV Additional District Judge, Tirupati, in Crl.M.P.No.164 of 2025 dated 17.06.2025 would show that in the light of the seriousness of the allegations made against the appellant/petitioner therein, as the investigation was still in progress. The bail application was dismissed which is impugned in the present appeal. Now in the light of the change of circumstances from the date of dismissal of the said application and further this is not the stage to decide the culpability by accepting the allegations. However, the charge sheet is filed in this matter, the Court has taken cognizance of the offence. Hence, this Court is inclined to release the appellant on regular bail on the following condition; 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 Trial Court. 4 7. In the result, the Criminal Appeal is allowed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- E KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER 1. The Special Judge for Trail of Cases Under SC/ ST (POA) Act -Cum-VI Additional District Judge, Tirupati, Chittoor District, (by speed post) 2. The II Additional Civil Judge (Junior Division), Tirupati cum II Additional Judicial First Class Magistrate: Tirupati, Chittoor District, (by speed post) 3. The Station House Officer, Tirumala II Town Police Station District, (by speed post) 4. The Superintendent, Nellore Central Jail, SPSR Nellore District, speed post) 5. One CC to Sri Kanderi Chethan, Advocate [OPUC] 6. Two CC's to The Public Prosecutor, High Court of Andhra Pradesh Amaravati [OUT] 7. The Section Officer, Criminal Section, High Court of Andhra Pradesh Amaravati. 8. Three CD Copies To, Chittoor (by at at SAM sree HIGH COURT DATED:01/07/2025 JUDGMENT CRLA No.400 Of 2025 ALLOWING THE CRIMINAL APPEAL