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2025 DAILYLAW 24428 (AP)

Kaparowthu Satyanarayna v. The State of Andhra Pradesh,

CRLP/5569/2024 · 2025-03-27

K Suresh Reddy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

/ €= i----i. lN THE HIGH COURT OF ANDHRA PRADESH AT AMA fr THURSDAY, THE TWENTY SEVENTH DAY OF MA TWO THOUSAND AND TWENTY FIVE :PRESENT: •:;,3/ THE HONOURABLE SRI JUSTICE K SURESH REDDY CRIMINAL PETITION NO: 5569 & 6721 OF 2024 CRIMINAL PETITION NO: 5569 OF 2024: Betwee n : Kaparowthu Satyanarayna, S/o. Krishna Rao, Aged about 64 Years, 15-47, Poranki village, Penamalu MandaI, Krishna District. ...Petitioner/Accused No.2 AND The State of Andhra Pradesh, Represented by the station House Officer, Penamaluru UPS, Krishna District Rep.by the PubII'C Prosecutor, High Court of AP, Ama'ravathi. . I.Respondent/complainant Petition under Section 482 of BNSS is filed prayI'ng that in the - circumstances stated in the memorandum of grounds filed in support of the CrI'minal Petition, the High Court may be pleased to direct the respondent to enlarge the petitioner/accused No.A2, on bail in the event of arrest in connection with Crime No.721 of 2024, Penamaluru ups, Krishna District. IANO: 1 OF2024 Petition under Section 528 of BNSS is filed praying that in the circumstances stated I-n the memorandum of grounds filed l'n support of the petition, the High Court may be pleased to grant interim bail to the Petitioner/accused No.2 in petitioner/accused No.A2 in Crime No.721 of 2024, penamaluru UPS, Krishna District till the disposal of criminal petition, Pending a. disposal of CRLP 5569 of 2024, on the file of the High Court. CRIMINAL PETITION NO: 6721 OF 2024: Betwee n : Kaparoutu Yadu Vamsi Krishna, S/o.Satyanarayana Aged about 35 years, Occ.Employee in VEX Office, R/o.FIat.No.401, Srinidhi Temple Bells, E'depalli, Machilipatnam, Krishna District. + .HPETITIONER/ACCUSED No.1 AND The State of Andhra Pradesh, Through Station House Officer, Penamaluru UPS, Krishna District, Rep. by the Public Prosecutor, High Court of A.P., Amaravati. ...RESPONDENT/COMPLAINANT Petition under Section 482 of BNSS is filed praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to grant anticipatory bail to the Petitioner/Accused No.1 herein on the event of their arrest in Crime No.721/2024 of Penamaluru UPS. The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof. and upon hearing the arguments of SRI B V ANJANEYULU Advocate for the Petitioner, and of PUBLIC PROSECUTOR for the Respondent, and the Court made the following COMMON ORDER: +++= The Court made the followimg: Jr, COMMON ORDER: As per the directions of My Lord the Hon'ble the Chief Justice, this criminal petition has been allotted to this Bench by notice dated 25.03.2025 and the same is treated as part of the roster effective from 26.03.2025. 2. As both these criminal petitions arose out of the same crime, they are being heard together and disposed of by this common order. 3. Both the petitioners are accused in Cr.No.721/2024 of Penamaluru urban police station, Krishna District. Said crime was registered for the offences punishable under Sections 109 & 85 r/w 3(5) of the Bharatiya Nyaya Sanhita (BNS). 4. lt is alleged bythe de facfo complainant that the marriage between her and A.1 was performed on 21.O5.2017 at Poranki. lt is further alleged that previously A.1 married another lady and obtained divorce. lt iS also alleged that at the time of marriage, an amount of Rs.15,00,000/-towards dowry, Rs.50,000/- towards Adapaduchu Katnam and 2O Tulas of gold was given to the accused. subsequently, in the year 2022, disputes- arose between the couple and A.1 took away their son aged about 6 years. As A.1 did not give custody of the son, she gave a report to the police on 06.03.2024 alleging offences under section 498A IPC and Sections 3 & 4 of the Dowry Prohibition Act,1961, which was the subject matter of Cr.No.340 of 2O24 of the same police station. lt 'ls further alleged that the case in Cr.No.284 of 2011 was also pending against A.1 for the offences under Sections 307, 506,149, 448 & 427 r,EEEE±tl lPC. lt is also alleged that in the month of May 2O24, the c/e facfo complainant /+ approached Disha Police Station and A.1 gave an undertaking that he will look after the de facfo complainant properly. lt is further alleged that on 20.06.2024, when the de facfo complainant was at Machilipatnam Bus Stand, A.1 along with another attacked her, which was the subject matter of Cr.No.146 of 2024 of Chilakalapudi Police Station under Sections 509, 323, 506 r/w 34 lPC. lt is also alleged that she gave a report against A.2 also, which was the subject matter of Cr.No.405 of 20Ol under Section 306 lPC and A.2 was remanded in the said crime. It is also alleged that A.2 used to proclaim that he will kill the de facfo complainant. lt is alleged that on 30.07.2024, A.1 & A.2 went to the house of de facfo complainant at about 07.00 P.M. and A.1 entered into the house and beat the de facfo complainant with an iron road while A.2 remained at the ground floor. Thereafter, the de racfo complainant went to the hospital, took treatment and gave a report to the police. On the basis of which, the present crime is registered. 5. Learned counsel for the petitioner contends that the incident is an outcome of domestic quarrel between the wife and husband and taking advantage of a small incident, she gave present report to the police magnifying the offence under Section 109 of BNS. lt is further contended by the learned counsel that for one reason or the other the de facfo complainant goes on implicating the petitioners in false cases. As such, he requests this Court to grant anticipatory bail to the petitioners. € -ffi c`` -+9 I-L==-i 6. On the other hand, the learned Additional Public Prosecutor opposed I, the bail contending that the neighbours of de racfo complainant witnessed the incident and they are eye witnesses to the incident that took place on 30.07.2024. As such, he opposed the bail application. 7. Perused the entire material on record. 8. As seen from the material on record, the incident is an outcome of domestic quarrel between the couple. Further, as per the Wound Certificate, the injuries received by the de facfo complainant are simple in nature. 9. ln view of the above facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions: i) The petitioners / A.1 and A.2 are directed to surrender before the Station House Officer, Penamaluru Urban Police Station, Krishna District, on or before lO.04.2025. On such surrender, the Station House Officer, Penamaluru Urban Police Station, Krishna District, is directed to release the petitioners / A.1 and A.2 on bail on their executing a personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each with two sureties for the like sum each to the satisfaction of the Station House Officer, Penamaluru Urban Police Station, Krishna District. ii) Petitioners shall make themselves available for interrogation by a police officer as and when required, and they 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 them from disclosing such facts to the Court or to any police officer. T_-fEprEatZ3EfEn Accordinalv, the Criminal Petitions are allowed. I/ /ITRUE COPY// ForA sdi_ K`T^+_A_R_-±e " lTY REGISTRAR OFFICER _-- To, 1. The Additional Senior Civil Judge at Machilipatnam. 2. The Station House Officer, Penamaluru UPS, Krishna District. 3. One CC to SRl. B VANJANEYULU, Advocate [OPUC] 4. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh. [OUT] 5. One spare copy KN • I ~/ HIGH COURT KSR,J DATE D : 27/03/2025 ORDER CRLP.No. 5569 & 6721 of 2024 ALLOWED _'' '`T`+I •oi4 APE 20ffi' ,¥