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2025 DAILYLAW 26225 (AP)

Lingamsetty Bhulakshmi v. THE STATE OF ANDHRA PRADESH

CRLP/5554/2022 · 2025-01-30

Subba Reddy Satti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE THIRTIETH DAY OF JANUARY, Jt'''f\ ll^/O THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI CRIMINAL PETITION NO: 5554 OF 2022 Between : + -_ie Lingamsetty Bhulakshmi, W/o. Sri L.Kodanda Ramaiah, aged 65 years, R/o. Flat No. 201, SVN Grand, 4th Line, SVN Colony, Guntur Town, Palnadu District (Old Guntur District) Andhra Pradesh. ... Petitioner/A-4 AND The State of Andhra Pradesh, Station House Officer, Nallapadu Police Station, Nallapadu, Guntur, Palnadu District, Rep. by Public Prosecutor, High Court, Amaravati. ...Respondent Petition under section 438 of Cr.P.C, 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 release the petitioner/A-4 on bail in the event of her arrest in FIR No. 528/2022 on the file of the Nallapadu Police Station, Nallapadu, Guntur, Palnadu District, Andhra Pradesh. The pet,'tion coml-ng on for hearl'ng, upon perusing the petition and the grounds filed in support thereof and upon hearing the arguments of Sri Turaga Sai Surya, Advocate for the Petl-tioner and of Public Prosecutor for Respondent, the court made the following APHCO10370422022 // lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI CRIMINAL PETITION NO: 5554/2022 [3331] Between: 1.LINGAMSETTY BHULAKSHMl, W/O SRI L. KODANDA RAMAIAH, 65Y, R/O FLAT NO. 201, SVN GRAND, 4TH LINE, SVN COLONY, GUNTUR TOWN, PALNADU DISTRICT (OLD GUNTUR DISTRICT) ANDHRA PRADESH. ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, THE STATE OF ANDHRA PRADESH STATION HOUSE OFFICER, NALLAPADU POLICE STATION, NALLAPADU, GUNTUR, PALNADU DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT, AMARAVATl ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court To release the petitioner/A-4 on bail in the event of her arrest in FIR No. 528/2022 on the file of the Nallapadu Police Station, Nallapadu, Guntur Palnadu District, Andhra Pradesh Counsel for the Pet-ltioner/accused: 1. TURAGA SAI SURYA /y \ SRS,J Crl.P.No.5554 of 2022 Page2 of5 Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR (AP) The Court made the following: :: ORDER:: The above criminal petition is filed under section 438 of Cr.P.C to enlarge the petitioner/A4 on bail in the event of his arrest in connection with Cr.No.528 of 2022 on the file of Nallapadu Police Station, Guntur. Palnadu District. 2. Heard learned counsel appearing on eitherside. 3. The case of prosecutI'On, in brief, iS that due tO Property disputes, On 24.05.2022, the accused I-n the afOrementiOned Crime, armed With deadly weapons like knives, stout sticks and iron rods; broke open the doors; trespassed into the house and caught hold of tuft of one Smt.Siva Leela, dragged her out and beat her along with two others namely venkateswara Rao and Visweswara Rao. The accused also threatened, injured and also snatched away the gold ornaments of sivaleela. Based on the statement given by the defacto-complainant, the police earlier registered a case in Cr.No.528 of 2022 for the offence punishable under Sections 324, 506 r/w 34 of lPC. Later, Sections 307 & 452 of lPC, were added to the said crime. 4. Earlier, the petitioner/A4 along with others filed crI.P.No.4003 of 2022. The said application was dismissed by an order dated o5.07.2022. Later, the police filed charge sheet on the file of learned Judicial Magistrate of First Page3of5 SRS,J Crl.P.No.5554 of 2022 1 class SpecI'aI Mobile Court, Guntur and the same was numbered as C.C.No.3803 of2024. 5. Learned counsel for the petI'tI'Oner/A4 would submit that the entire investigatI-On iS completed and except the petI'tiOner/A4, a" other accused were enlarged on bat-I. The petitioner/A4 was falsely I-mPll'Cated in the aforementioned crime. Learned counsel also would submit that the petit,'oner/A4 will cooperate during the trial. Learned counsel relied upon the order Ion SLP (Crl.) No.18081 of 2024. 6. SrI' K. Sandeep, learned Assistant public Prosecutor would fairly subml-I that entire jnvestigatI'On Its completed; the police filed charge sheet and the same was numbered as c.c.No.3803 of 2024. ln fact, summons was issued to all the accused. 7. Earlier bail application filed by the petl'tioner along wI'th Others was dismissed by this court on 5-7-2022. After that, the change of cl'rcumstance, is fI'II'ng Of Charge sheet and issul-ng summons to a" the accused. The police altered sectI-On Of law and filed charge sheet for the offence punI'Shable under sections 452, 324, 326, 506 I/w 34 of IPC. Other accused were enlarged on bal'l, sI'nCe the I'nVeStigatiOn l®S completed and the police filed charge sheet before the learned Magistrate, this court is inclined to enlarge the petitioner/A4 on bail. 8. Given the facts and circumstances of the case and keeping in vI.eW Of observatl'ons given by the Honjble Apex Court jn SLP (Crl.) No.18081 of 2024, the Criminal petjtI'On I-S allowed. 9. The petI'tI'Oner/A4 shall surrender before the learned JudicI®al Magistrate of First Class special MobI'le Court, Guntur on or before 12-2-2025. On such surrender, the petI'tI-Oner Shall be enlarged on ba" on executing personal bond . | As a sequel, pending miscellaneous petl-lions, if any, shall stand closed. SD/-G.H ASSISTAN ELANAIDU //TRUE COPY// RJEG IS'TRAR TION OFFICER To, 1. The Station House offl-cer, Nallapadu police statI'On, Nallapadu, Guntur. 2. The Judicial Magl'strate of First Class Special Mobile court, Guntur. 3. One CC to SRI TURAGA SAI SURYA, Advocate [opuc] 4. Two cos topuBLIC PROSECUTOR, High court of A.P., Amaravati.[ouT] 5. One spare copy. PSD i= |se i HIGH COURT SRS,J DATED..30/01/2025 ANTICIPATORY BAIL ORDER CRLP.No.5554 of 2022 ALLOWED TPdt: i-i-- i i: __I- ::---i_ - -:--_-:--:::---+-:- - -I-:: ul.