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2025 DAILYLAW 21978 (AP)

Posupo Rajasekhar, v. State of Andhra Pradesh,

CRLP/6488/2025 · 2025-07-03

K Sreenivasa Reddy

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl ,r..:: Jr.I. i-i, I_/;:,-:_!S FRIDAY, THE FOURTH DAY OF JULY, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SR] JUSTICE K SREEN[VASA REDDY cRIM]NAL PETITION NO: 6488 OF 2025 Betwee n : 1. Posupo Rajasekhar, S/o late Sunder Joseph, Aged 43 years, Private worker, D.No.45-2-38/1, Andhra Nagar, By Pass Road, Rajamahendravaram, East Godavari District. 2. Posupo Ratnam, w/o Late Sunder Joseph, Aged 69 years, Housewife, D.No.45-2-38 Andhra Nagar, By Pass Road, Rajamahendravaram, East Godavar-I District. 3. Boddu Sunitha, w/o Vijay Kumar, Aged 46 years. Housewife, Flat No.301 Geetanjali Apartm6ht ll, Anakapa]li Visakhapatnam District. ...petitioner/Accused 1 to 3 AND 1. State of Andhra Pradesh, R'ep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravati. 2. Posupo @ Mulaparthi Aruna Kranth-I, W/o Rajasekhar, Aged 37 years, RTC Bus Conductor, D.No.1-231, Devu'lapaIIi, Jangareddigudem Mandal West Godavari Distr-lot. . I |Respondents/Comp[ainant petition under section 482 of BNSS, 2023 is filed praying that in the circumstances stated in memoraridJum of grounds of criminal Petition, the High Court may be pleased to grant them ba'll in the event Of their arrest by Lakkavaram Police Station, Rajamahendravaram, East Godavari District in Cr.No.45 of 2025; The petition coming on for hearing, upon Perusing the Petition and memorandum of grounds of criminal petition and upon hearing the arguments of sri varrey ventak'ata Nagavishnu Teja, Advocate for the petitioners and public prose¢cut6r'`y-`for the Respondent No.1, the Court made the following; iee=\.+ * ~_.a * \| + v£.. fty :'J. I .t APHCO10309782025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (special Original Jurisdiction) [3327] FRIDAY, THE FOURTH DAY OF JULY TWO.THOUSAND AND TWENTY FIVE PRESENT I THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 6488/2025 Between : Posupo Rajasekhar, and others u.PETITIONER/ACCUSED(S) AND state Of Andhra Pradesh and H.RESPONDENT/COMPLAINANT(S) Others Counsel for the Petitioner/accused(s): 1.VARREY VENTAKATA NAGAVISHNU TEJA Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR The Court made the following Order: 1. The Criminal Petition, under section 482 of the Bharatiya Nagarik Suraksha sanhita, 2023, is filed on behalf of the Petitioners/accused Nos. 1 to 3 to grant anticipatory bail in connection with Crime No.45 of 2025 of Lakkavaram police station, Eluru District. ``+- r` 2 2. A case has been I-registered against the petitioners/accused Nos.1 to 3 for the offences punishable under Sections 85, 82 (2), 351 (2) of BNS and Sections 3, 4 of the Dowry Prohibition Act,1961. 3. Case of the prosecution is that, on 24.05.2025 at about o8.30p.m., the defacto complainant lodged a're.port stating that she got married with the accused No.,1 in the year 2012 in the presence of village elders. At the time of marriage, her parents gave Rs.8.00 lakhs in cash, one gold chain and two gold rings towards dowry. After marriage, they both led a happy marital life for some days. Out of their wedlock they were blessed with a baby girl. Thereafter, the de-facto complainant came to know about the earlier marriages of the accused No.1. On questioning the same, accused No.1 started harassing the de-facto complainant both physically and mentally for want of additional dowry. 4. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor for the State. 5. Perused the record. I 6. A perusal of the material on record goes to show that a report has been filed by the de-facto compla'lnan-I as against her husbar`d and in~1aws. She al,leged that the de-fac-to complainant was subjected to harassment. On discreet enquiry, she came to know - that Al was earlier married t6 other women. Thereafter, the present report has been fil6d. ^fe----- . 3 7. Learned counsel for the petitioneBre'ied upon a reply notice dated 12.05.2015 of the de-factc, complainant. lt reveals that the de- facto complainant is well aware of the fact that Al was already married. ln pursuant to the divorce of Al with his earlI'er Wife and while Al searching for alliance, one mediator contacted the de-facto complainant for the alliance with A1. The de-facto complainant was well aware of the fact and it is in their knowledge that the Al was already married and got separated. riaving categorically said so in her notice, the question of again raising the issue on the ground that Al was earlier got married, does not suffice. lt is further submitted by the learned counsel appearing on behalf of the petitioners that a divorce OP was also pending between the Al and the de-facto comp'ainant. 8. In viewofthe aforesaid reasons, this Court is inclin.ed to grant anticipatory bail to the petitioners/ accused Nos.1 to 3. 9. Accordingly, in the eveht of their arrest, petitioners/accused Nos.1 to 3 shall be released on bail on executing a personal bond for a sum of Rs,10,000/-(Rupees ten thousand only) each, with two sureties for the like sum each to the satisfaction of the arresting police officials and also on condition that the petitioners shall make themselves available for investigation as and when`required and that they shall not cause any threat, inducement or promise to the prosecution witnesses. a` i=E!r 4 The petitioner/Acctlsed No.1 shall appear before the Station House Officer, Lakkavaram Police Station, Eluru District, once in a week i.e. on every Sunday between 10.00 a.m. and 05.00 p.m., till .filing of the charge-sheet. 10. Accordingly, the Criminal Petition is all6wed. Miscellaneous petitions, if any, pending, shall stand closed. //TRUE COPY// For `.. . SD/- ,K.SRINIVASA RAJU ASSISTANT Rae RAR SECTION OFFICER To, i`._ -..`J' . . -. .+uv` \c 1. The Station House OfflcSer,,I+akkavaram Police Station, Eluru District. .`--.=`- . 2. Posupo @ Mulaparthi Aruna Kranthi, W/o Rajasekhar, D.No.1-231, Devullapalli, Jangareddigudem Mandal West Godavari District. (by RPAD) 3. One CC to Sri. Varrey Ventakata Nagavishnu Teja, Advocate [OPUC] 4. Two CCs to Public Prosecutor, High Court of AP [OUT] 5. One spare copy.. ..A.,. HIGH COURT SRK,J DATED :04/07/2025 ORDER CRLP.NoI6488 of 2025 ± 10JuL2025 c= E= ALLOWED