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2025 DAILYLAW 22542 (AP)

PAPPALA MANI KANTA v. THE STATE OF ANDHRA PRADESH

CRLP/6548/2025 · 2025-07-06

K Sreenivasa Reddy

body2025

Judgment text

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S= I _z7_ t=- IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl MONDAY, THE SEVENTH DAY OF JULY, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 6548 OF 2025 / Between: pappala Mani Kanta, S/o. Bapinaidu, Aged 28 years, R/o.Darlapudi Village, s.Rayavaram Mandal. ...petitioner/Accused _-,, , AND The State of Andhra Pradesh:,-rep. by Public Prosecutor, High Court At Amaravati Thorough S.H.O., S.Rayavaram PS, Anakapalli District. ...Respondent petit|lon under sectionzs 437 & 439 of Cr.P.C r/w Sections 480 & 483 of BNSS, is filed praying that in the Circumstances Stated in the grounds filed in support of the criminal petition, the High Court may be Pleased tO enlarge the petitioner/accused in cr.No.8®/l2025 on the file Of Station House Officer, s.Rayavaram PS, Anakapalli District. The petition coming On for hearing, upon Perusing the Petition and t|ne grounds filed -ln support thereof and upon hearing the arguments of sri G.Venkata Reddy, Advocate fbi the Petit-loner and Of Public Prosecutor for Respondent, the Court made the fC;<llOWing |_ ` .-` I - i+-:i :,-\ {-. . J APHC-010318082025 E]HE lN THE HIGH COURT OFANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) MONDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT CRIMINAL [3327] THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY PETITION NO-. 6548/2025 Between : Pappala Mani Kanta The State Of Andhra Pradesh I..PETITIONER/ACCUSED AND ...RESPONDENT/COMPLAINANT Counsel for the petitioner/accused: 1. G VENKATA REDDY Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR I±e±Q±±±J±a±e±±e±Q±±QryEngQrdgr : ThI-S Criminal Petition, under sections 480 and 483 of BNSS, has been filed by the petitioner herein, .seeking regular bail, jn Crime No.80 of 2025 of S.Rayavaram police stall-On, Anakapalli District, regI'Stered for the offences punishable under Sections 64(1 ) 'and 329(4) of the BNS. 2. Caseoftheprosecution, in briefisthaton o5.05.2025, the complajnant filed a report before the police statl'ng that she along with her husband and daughter residing at Darlapadi Village. Due to summer season, she and her husband were sleeping on the terrace and their daughter was sleeping alone jn downstal-rs. on 30.04.2024 at about 2:00 a.m., the accused entered into her house in a drunken state by jumping over the ts Qsb . ` ill gate. He opened the door Of the room, Went inside, gagged her daughter with a cloth, threatened to kill her, if ;he screams, and forcibly had sexual intercourse with her. He also threatened tO km the entire family, if she reveals the incident to anyone of the village or to her family. on hearing noise.~.~¥J from downstairs, the complainant and her husband came down from the terrace and found the accused inside the room w-lthout clothes. When they asked their daughter, she stated that the accused gagged her, threatened to kill her and forcibly raped her. When confronted, accused admitted that he had forcibly assaulted the victim and stated that he would marry her. Thereafter, the accused Push them aside and escaped from the house. 3. Heard learned counsel for the Petitioner and the learned Assistant Public Prosecutor for the reSPOndentlState. Perused the reco+d. 4. Learned counsel for the Petitioner Subm'ltS that the pet'ltioner herein was arrested on o5.05.2025 and since then he has been languishing in jail. Moreover, the Pet'ltiOner here'In iS working in Army at Jabalpur. 5. Learned Assistant Public Prosecutor submits that aS many as 13 witnesses were examined in the Present Crime and major portion of the invest'lgation has been completed. `< iH :... .... .I 6. A perusal of the First lnformatI-On Report goes {o show that on the date of I-nCident at about 2.00 a.m., when the complainant daughter was sleeping jn the house, the petitioner entered into the house I-n a drunken state and comml-tted rape by gagging cloth I-n her mouth. Thereafter, the said incident was informed to police and the police have arrived ln the mornI'ng and examI-ned the spot. 7. lt is submitted by the learned counsel for the petl'{I'Oner that a false case has been foI'Sted against the petitioner herel'n and the victim was married earlier and thereafter, the vI-Ctl-m being not jn{erested in the marriage, she zreturned tQ the Village. He further submitted that accused and the vl-ctI-m are jn love and they were going around the village. Though, the incident js said to have taken place on 30.04.2025, the present complaint has been filed on o5.05.2025, for the reasons best known. 8. Learned Assl|stant public Prosecutor strenuously contended that the.victim has been examined as LW2 and she reI'terated the contents that are men{joned l'n the First Information Report. !n the said facts of the case, there is any amount of ambI-guity as to whether the aforesal'd incl'dent l's said to have taken place as suggested by the prosecutI-On. ` ` 9. In view of the aforesaid facts and Circumstances, this court is inclined to grant bail to the petitioner herein. 10. Accordingly, the Criminal Petition is allowed. The petitioner shall be released on bail on his executing a personal bond for Rs.10,000/-(Rupees Ten Thousand only) W-lth two sureties for the like sum each to the satisfaction of the learned Additional Judicial Magistrate of First Class, Yellamanchili. The petitioner shall co-operate with the investigation and he shall attend before the police as and when required for the purpose of investigation. SD/-P.VINOD KUMAR ASSISTANT REG' TRAR //TRUE COPY// SECTION OFFICER To, 1. The Additional Judicial First class Magistrate at Yeilamanchili. 2. The Superintendent, Central Jail, Visakhapatnam. 3. The Station House Office`r, S.Rayavaram Police Station, Anakapalli District. 4. One CC to Sri G.Venkata Reddy, Advocate [OPUC] 5. Two CCs toPUBLICI PROSECUTOR, High Court of A.P., Amaravati. [OUT] 6. One spare copy. PSD L=` `=`.. HIGH COURT SRK,J DATED:07/07/2025 BAIL ORDER CRLP.No.6548 of 2025 ALLOWED .€l