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2025 DAILYLAW 26534 (AP)

Kanchi Gowthami alias K Gowri v. The State of Andhra Pradesh

CRLP/7724/2025 · 2025-08-21

Y Lakshmana Rao

body2025

Judgment text

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```` IN THE HIGH COURT OF ANDHRA PRADESH AT AMA FRIDAY, THE TWENTY SECOND DAY OF AUG TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RA6'It``-,:`'-I::.,=`--:=I-;i;- CRIMINAL''PETITION NO: 7724 OF 2025 Between: Kanchi Gowthami @ K Gowri, W/'o. K.Kesava Ramakrishna, Aged 32 years, R/o.D.no. 6-17/1, Damaragunta village, VadrampaIIi Panchayathl-, Irala Mandal, Chittoor DI-Strict. ...Petitioner/Accused No.3 AND The State of Andhra Praqesh, Represented by its public Prosecutor, HI'gh Court ofAndhra Pradesh, Through Kanipakam Police Stall-On, Chittoor District. ...Respondent Petition under section 482 of BNSS/ Under SectI-On 438 of Cr.P.C, Praying that Ion the Circumstances Stated in the memorandum of grounds filed in support of the criminal petition, the High Court may be pleased to granj- anticipatory bail to the petI'tiOher/Accused no. 3 in the event of her arrest in Crime No. 75 of 2024 dt.26.12.2024 on the file of the Kanipakam polic6i Stall-On, Chittoor District. The Petl'tion coming on for hearing, upon perusing the petition and the memorandum of grounds filed in support thereof and upon hearing the' i arguments of SRI SHAIK -AFzAL MOHAMMED, Advocate for the petitioner, and of PUBLIC PROSECUTOR, for the Respondent, the court made the following +`` APHCO10375832025 E'HE IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (special Original Jurisdiction) FRIDAY, THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7724/2025 Between : Kanchi Gowthami Alias K Gowri '\. I The State of Andhra Pradesh AND [3521] ...PETITIONER/ACCUSED ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.SHAIKAFZAL MOHAMMED Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following: ORDER: Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Sl]raksha Sanhita, 2023 (for brevity 'the BNSS') by the petitioner/Accused No.3 for granting pre-arrest bail .in connection with Crime No.75 of 2024 of Kanipakam Police Station, Chittoor, registered for the alleged offences punishable under Sections 109(1),126(2), 351(3), 79 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity tthe BNS'). Dr_ Cr'.P.No.7724 of 2l Dated 22.08.202L 2. .The case of the prosecution is that on 25.12.2024 at about 8.-00 P.M., rlear the house of Smt. S. Santhamma, a dispute arose regarding a pathway between the, complainant and Accused Nos.1 to 3. On that day, Accused Nos.1 to 3 quarreled wI-th the COmPlainant'S mother, Santhamma, and threatened her with dire consequences, stating that if she came on their way, they would kill her. Later, at about 8:00 P.M. on the same day, Accused Nos.1 I to 3 went to the house of Santhamma and abused her in filthy language. On learning of this, the complaI-nant rushed tO the Spot and Witnessed the quarrel. out of fear, she ran towards her house to I'nfOrm her husband. At that time, with the intention tc) 'kiII her,. Accused Nos.1 to 3 chased and wrongfully restrained her. Accused No.3 caught hold of the complainant and threw her to the ground. Thereafter, Accused No.1 hacked the complainant with a knife, causing a bleeding injury above her left elbow, and Accused No.2 hacked her with a knife, causing a bleeding injury on her upper back. On witnessing this, villagers Naresh and M.ohan Babu rushed to rescue the complainant, during which they also sustained abrasions. T,he complainant was then .shifted to the Government Hospital, Chi{{oor, through a private vehicle for treatment, After receiving treatment, she returned to her house. Hence, the FIR. 3. Heard learned counsel for the p'etitioner and the learned Assistant Public Prosecutor. Perused the record. 4. Sri Shaik Afzal Mohammed, the learned counsel for the petitioner, submits that`the petitioner has not committed any offence; she was falsely S=--/ I ..._+, 3 Dr.YLR, J J` Crl.P.No.77`24 of 2Q25 Dated 22.08.2025 implicated in this case. She is the sole breadwinner of her family. She is ready t® abide by any conditions to be imposed by this Court. It is urged to grant pre- arrest bail to the petitioner. 5. Per cot,ira, Ms. P. Akhila, the learned Assistant Public Prosecutor, opposed in granting of bail stating that some more material witnesses have to be examined; investigation is not completed,- if the petitioner is enlarged on bail, she would not be available for the investigation and she would escape from the clutches of`.law. However, it is submitted that there are no ad.verse b antecedents against trle petitioner, and requested to pass appropriate orders. 6. As seen from the record, the petitioner/Accused No.3 is a female aged about 32 years. The allegation leveled against her by the de-facto complainant is that she pushed down the complainant to the ground, whereupon Accused Nos.1 and 2 attempted to attack the complainant with knives. However, the de-facto complainant did not sustain any injury. So far, nine witnesses have been examined. Considering the nature and gravity of the allegation levelled against the petitioner and her alleged role played in this case, this court deems it fit to grant pre-arrest bail to the petitioner/accused No.3. •-rf~- 7. ln the result, the Cr.lminaI Petition is allowed with the fo][ow'lng conditions: i. In the event of his arrest, the Petitioner/Accused No.3 shall be enlarged on ba-ll subject to her executing a bond for a sum of ..=.---lf. 4 Dl. Crl.P.No.7724 of 2\ Dated 22.08.202_ Rs.10,000/- (Rupees Ten Thousand Only), each with two ` sureties for the like sum each to the satisfaction of the arresting police officials; ii. The Petitioner/Accused No.3 shall make herself available for investigation as and when required; iii. The Petitioner/Accused No.3 shall not cause any threat, inducement or promise to the prosecution w'ltnesses; iv. The Petitioner/Accused No.3 shall appear before the '\. station House Officer concerned once a week i.e., every saturday between 10.00 a.m. and 5.00 p.m., till filing of the - charge sheet. v. The Petitioner/Accused No.3 shall not leave the limits of the state of Andhra Pradesh without the express permission from the Station House Officer concerned. vi. The Petitioner/Accused No.3 shall surrender her passport, if any, to the investigating officer. If she claims that she does not have passport, he shall submit an affidavit to that effect to the investigating officer. To] |I+ ` .|J -{. .gD,Jco K.SRiiti!VASA RrfaJU ASS:STANT //TRUE COPY// SEC"®N OFrT For-- I, 1. The.StatI'On House Offi3Sr: Kanipakam Police Station, Chittoor District -I 2. One CC to SRl. SHA]K:AFZ.AL MOHAMMED, Advocate [OPUC] 3. TwioI| cos to PljBLIC PROSECUTOR, High Court of Andhra Pradesh [O UT] t`t 4. One spare®.copy~ ` HIGH COURT DR,YLR,J DATED : 22/08/2025 BAIL ORDER CRLP.No.7724 of 2025 ALLOWED