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2025 DAILYLAW 25352 (AP)

Adduri Durga Prasad alias Diliu v. The State of Andhra Pradesh

CRLA/475/2025 · 2025-07-20

B V L N Chakravarthi

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

'1 APHC010356892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL APPEAL NO: 475 OF 2025 Appeal under Section 14(A) of SC ST(POA) Act, against the order dated 07.07.2025 passed in CrI.M.P No. 584 of 2025 on the file of the Special Judge for POCSO Act cases, Vijayawada which arose out of F.I.R. No.110 of 2025 on the file of Gannavaram Police Station, Krishna District. Between: Adduri Durga Prasad alias Diliu, S/o. Late Samba Siva Rao, aged about 21 years, R/o. Road No 2, Venkatanarasimhapuram Colony, Kesara Palli Village, Gannavaram Mandal, Krishna District. ...Appellant/Accused No.2 AND The State of Andhra Pradesh, Rep. by Its Public Prosecutor, High Court of Andhra Pradesh at Amaravati ...Respondent Counsel for the Petitioner: Sri Chalia Hruday Raj Counsel for the Respondent: Assistant Public Prosecutor The Court made the following: APHC010356892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY.THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL APPEAL NO: 475/2025 [3368] Between: 1.ADDURI DURGA PRASAD ALIAS DILIU, S/0. LATE SAMBA SIVA RAO, AGED ABOUT 21 YEARS, R/0. ROAD NO 2, VENKATANARASIMHAPURAM COLONY, KESARA PAILI VILLAGE GANNAVARAM MANDAL, KRISHNA DISTRICT. ...APELLANT AND 1.THE STATE OF ANDHRA PRADESH, Rep. by Its Public Prosecutor, High Court of Andhra Pradesh at Amaravati ...RESPODENT Appeal under Section 372/374(2)/378(4) of Cr.P.C praying that the High Court may be pleased to pleased to allow the appeal enlarging the appellant/Accused no.2 on bail with respect to the F.I.R. No.110 of 2025 on the file of Gannavaram Police Station and to pass Counsel for the Apellant: 1. CHALLA HRUDAY RAJ Counsel for the Respodent; 1. PUBLIC PROSECUTOR The Court made the following: 2 m THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL APPEAL NO: 475 of 2025 ORDER: This Criminal Appeal under Section 14(A) of the SC & ST (POA) Act is filed for the following relief: ‘‘.....to allow the appeal enlarging the appellant/accused No.2 on bail with respect to the FIR No. 110 of 2025 on the file of the Gannavaram Police Station and to pass...” Heard learned counsel for the appellant/accused No.2 and 2. learned Assistant Public Prosecutor representing the respondent- State. 3. The present criminal appeal is filed by the appellant/accused No.2 to set aside the order dated 07.07.2025 passed by the learned Special Judge for Speedy Trial of Offences under the Protection of Children from Sexual Offences Act, Vijayawada, in Crl.M.P.No.584 of 2025 in Crime No.110 of 2025 of Gannavaram Police Station, registered for offences punishable under Section 64(2)(m) read with Section 3(5) of BNS, Section 6 of POCSO Act, and Section 3(2)(v) of SC & ST (POA) Act. The prosecution case is that accused No.1 deceived the victim by promising marriage and committed an offence under 4. 3 % Section 6 of the POCSO Act. The present appellant/accused No.2 also deceived the victim and committed an offence punishable under Section 6 of the POCSO Act. The victim girl became pregnant. The grandmother of the victim lodged a complaint with the police. The appellant/accused No.2 was arrested on 07.04.2025 and is currently in custody. Learned counsel for the appellant/accused No.2 submitted that accused No.1 has already been enlarged on bail by this Court by order dated 04.06.2025 in Criminal Appeal No.401 of 2025. Investigation has been completed and the charge sheet has been filed. 5. 6. Learned Assistant Public Prosecutor appearing for the respondent-State opposed the application, submitting that notice was duly served to the de facto complainant as per Section 15A of the SC&ST(PCA) Act. 7. Considering the facts and submissions, it is noted that the investigation has been completed and the charge sheet filed. Further, since accused No.1 has already been enlarged on bail and considering the circumstances of the case, this criminal appeal is allowed. 4 In the result, the impugned order dated 07.07.2025 in 8. Crl.M.P.No.584 of 2025 on the file of the learned Special Judge for Speedy Trial of Offences under Protection of Children from Sexual Offences Act, Vijayawada, is set aside. Bail is granted to the appellant/accused No.2 on the following conditions: • The appellant/accused No.2 shall furnish a personal bond of Rs.20,000/- (Rupees Twenty Thousand Only) and two sureties of like amount each, to the satisfaction of the learned Special Judge for Speedy Trial of Offences under Protection of Children from Sexual Offences Act, Vijayawada. • The appellant/accused No.2 shall not leave the country without prior permission of the Court. . The appellant/accused No.2 shall not intimidate or interfere with the victim in any manner. If any of the conditions are violated, the prosecution is at liberty to file an application for cancellation of bail. 9. Accordingly, the present criminal appeal is allowed. 10. 5 As a consequence, any interlocutory applications pending in this criminal petition shall stand closed. SD/- S.V.S.R.MURTHY JOINT REGISTRAR (2uSr6FFICER //TRUE COPY// \ SE ^ To, Special Judge for Speedy Trial of Offences under Protection of 1. The Children from Sexual Offences Act. Vijayawada, Krishna District 2. The Superintendent, Sub-Jail, Machilipatnam, Krishna District House Officer, Gannavaram Police Station, Krishna District 3. The Station 4. One CC to Sri Challa Hruday Raj, Advocate [OPUC] the Public Prosecutor, High Court of Andhra Pradesh at 5. Two CCs to Amaravathi [OUT] 6. Two CD Copies Stu (gsg) HIGH COURT DATED:21/07/2025 ORDER CRLA NO. 475 OF 2025 ,A. ALLOWING THE CRIMINAL APPEAL