Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 23670 (AP)

Kasturi Bai alias Bhukya Kasthuri Bai v. The State of Andhra Pradesh

CRLP/6944/2025 · 2025-07-13

Y Lakshmana Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

J5ZZ2ZZ±zZf9 lN THE HIGH COURT OF ANDHRA PRADESH AT MONDAY ,THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6944 OF 2025 Between : [3521 I Kasturi Bai alias Bhukya Kasthuri Bai, W/o. B.Sankar Naik, Aged 50 years, R/o. Kokanti Cross, Tanakal Mandal, Sri Satya Sai District (Earlier Ananthapuramu District). Petitioner/Accused-3 AND The State of Andhra Pradesh, Through the Station House Officer, Tanakal Police Station, Sri Satya Sai District, Rep.by Public Prosecutor, High Court of Andhra Pradesh at Amaravati, High Court Buildings at Nelapadu, Amaravati Guntur District. Respondent/Complainant Petition under Sections 437 & 439 of Cr.P.C, (New Sections 480 & 483 of BNSS, 2023) praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioner/Accused No.3 on regular bail in connection wI-th FIR.No.36 of 2025 dated 28.03.2025 on the file of Tanakal Police Station, Sri Satya Sat District COUNSEL FOR THE PETITIONER : SRI. DODDAKA HARSHA VARDHAN COUNSEL FOR THE RESPONDENT : PUBLIC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER The court made the foIIowI-ng The CrjmI|nal PetI'tjOn has been filed under sections 480 and 483 of the BharatI|ya Nagarjk suraksha sanhjta, 2023 (fo'r brevI'ty 'the BNSS'), seekI-ng to enlarge the petl-tjoner/Accused No.3 on ba" in crime No36 of 2025 of Tanakal police Statl'on, sri satya sat D[strJCt, registered against the petjtllOner/Accused No.3 herein for the offence punishable under sections 76,118 (1), 351 (2) read wl-{h 3 (5) of the Bharatiya Nyaya sanhita, 2023 (for brevity 'the BNS'). 2. The case of the prosecution I-n nutshell js that on 26.03.2025 at about 5.COO p.m., Accused Nos.1 to 3 came to the complainantJs house. Accused No.1 abused the de facto comp!ainan{ in filthy language, caught hold of her hair, pushed Qn the ground and kl'cked her on the chest. Accused No.2 bj{e on her left hand and Accused No.3 beat her wI'th Stick On her head which caused bleeding jnJ-ury. Later, Accused Nos.1 and 2 {hrea{ened her with dire consequences. The de facto complainant was admitted in CHC, Tanakallu for treatment. This is due {o ill feelings I'n between the complainant and accused. Hence, a case was registered against the accused. 3. Heard learned counsel for the peti{I-Oner and the learned Assistant Public prosecutor. perused the record. s_se ~,, -__3f '*_=,f_fff=¥=3¥f¥_a-_ Itr y 4. Sri. D. Harsha Vardhan, the learned couns-el for the petit`ioner submits that the petitioner has not committed any offence; petition`er was `f`alsely implicated by the police in the crime; petitioner is the Sole breadwinner; petitioner would abide by any conditions to be imposed by this Court; and urged.to allow the petition. 5. Per cor7fra, Ms. P. Akila Naidu, the learned Assistant Public Prosecutor,a.opposed in granting of bail stating that the petitioner is.a habitual offender, 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 he would escape fro.m the clutches of, law; and urged to dismiss the bail petition. 6. As seen from the record, the petitioner is a ladywho isaged about 50 years. The petitioner has been in the judicial custody for the past 44 days. She was taken into judicial custody on 30.05.2025. As seen from the record, material witnesses in the investigation were examined. !n fact, the daughter of the present petitioner/Accused No.3 lodged a report against the de facto complainant three days prior to the alleged occurrence of this offence in cri-me No.36 of 2025. The wound certificate was also received by the investigating officer, whereby i{ is certified that the petitioner suffered one serious injury. i- 7. Considering the entire facts anc! circumstances of the case, the nature and gravity of allegation levelled against the petitioner, and her alleged role in the case, this Court deem it fit to enlarge the petitioner on bail wiith the following strI'ngent COndl'tiOnS: i. The pe{i{ioner shall be enlarged on bail subject to he executing a bond for a sum of Rs.10,000/-(Rupees ten thousand o.nly), with two sureties each for the like sum each to the satisfaction of the learned Additional Judicial Magistrate of First Class, Kadiri. ii. ii. The petitioner shall appear before the station House Officer, Tanakal Police Station, Sri Sathya Sai District, on every saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii. The petitioner shall not leave the limits of the district without prior permission from the learned Additional Judicial Magistrate of First class, Kadiri. iv. The petitioner shall not commit or indulge in commission of any offence in future. v. The petitioner shall cooperate with the investigating officer in further investigation of the case and shall make ts cffffs? FZFFgEgF© 'ffiib himself available for interrogation by the investigating officer as and when required. vi. The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer. 8. Accordingly, the Criminal petition is allowed. SD/-M.SRINIVAS //TRUE COPY// ASSISTAZaslSTRAR SECTION OFFICER For/ To] 1. The Additional Judicial Magistrate of First Class, Kadiri 2. The Superintendent, Anantapur Sub Jail 3. The Station House Officer, Tanakal Police Station, Sri Satya Sai District 4. One CC to SRl. DODDAKA HARSiHA VARDHAN Advocate [OPUC] 5. Two cos to PUBLIC PROSECUTOR, High Court of A.P[OUT] 6. One spare copy HIGH COURT DR.YLR,J DATED: 14/07/2025 BAIL ORDER CRLP.No.6944 of 2025 ALLOWED .-.ap===±`