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High Court of Andhra Pradesh · body

2025 DAILYLAW 27753 (AP)

GUDALA SUBRAMANYAM v. THE STATE OF ANDHRA PRADESH

CRLP/7980/2025 · 2025-08-13

Y Lakshmana Rao

body2025

Judgment text

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tt lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE FOURTEENTH Day OF AUGUST TWO THOUSAND AND TWENTY FIVE :PRESENT.I THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO Between: CRIMINAL PETITION NO.I 7980 OF 2025 1. Gudala Subramanyam, s/o venkaI-ah, Aged 82 years, occ cultivation, R/o. D.No.7-62, SC Colony, Mannasamudram village, yerpedu Mandal, Tirupati DI'StriCt. 2. Gudala Guravaiah, s/o Gangaiah, Aged 32 years, occ cultivation, R/o. D.No.7-56, SC Colony, Mannasamudram vI-llage, Yerpedu MandaI, TirupatI' DI'StrI'Ct. 3. Gudala Gangamma, w/o Rajaiah, Aged 54 years, Occ House wife, R/o. D.No.7-42, SC Colony, Mannasamudram village, yerpedu MandaI, Tl'rupati District. 4. Kathi Sailaja, w/o K.Mani, Aged 44 years, occ House wife, R/o. Kathl'vari Kandriga, paI!amaIIa post, Thangellapalem, TI-ruPati District. 5. Gudala papamma, w/o Gangaiah, Aged 49 years, occ House wife, R/o. D.No.7-59, SC Colony, Mannasamudram village, yerpedu Mandal, TirupatI- District. 6. Gudala Chittemma vara Lakshmi, s/o Gangaiah, Aged 50 years, occ House wI-fe, R/o. D.No.7-58, SC Colony, Mannasamudram village, Yerpedu MandaI, Tl-rupati DistrI-Ct. 7. Gudala Manemma, s/o venkata Krishnaiah, Aged 59 years, occ House wife, R/o. D.No.7-62, SC Colony, Mannasamudram vI-Ilage, Yerpedu MandaI, Tirupati District. ...PetI-tiOnerS/Accused No.1 to 7 The State ofAndhra pradesh, Rep. by its public Prosecutor, High Court of Andhra pradesh at Amaravati. ...Respondent petl't,Ion under section 482 of BNSS praying that in the circumstances stated in the memorandum of grounds filed in support of the crimI-naI Petit,-on, the High Court may be pleased to enlarge the petl-tl-oners/Accused No.1 to 7 on ba" in the event of their arrest in connection with F.I.R. No.111/2025 dated o5.07.2025 on the fI'Ie of Yerpedu p.s., Tirupatl' DI-Strict . The Petition coming on for hean'ng, upon perusing the petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of M/s JAMADAGNI CHITTALA Advocate for the petI-tiOnerS, and of PUBLIC PROSECUTOR, for the Respondent, the court made the foIIowI'ng AND ORDER: Dr.YLR, J CrI.P.No.7980 of 2025 Dated 14.08.2025 The Cr'lminal Petition has been filed under Sections 482 of the Bharatiya Nagarik Suraksha' Sanhita, 2023 (for brevity ithe BNSSl), seeking to enlarge the petitioners/Accused Nos.1 to 7 in the event of their arrest in connection with Crime No.111 of 2025 of Yerpedu Police Station, Tirupati District, for the offences punishable under Sections 108 r/w 3(5) of Bharatiya Nyana Sanhita, 2023, 2. The case of the prosec-u,lion is that on 05.07.2025 at 02.00 p.m., the complainant lodged report stating that Accused Nos.1 to 6 beat his daughter Goodala Prasanna (deceased) and abused her in filthy language and insI'Sted her to commit suicide in a public place alleging that she committed theft of mobile of Accused No.3. Due to said words and acts, the deceased vexed with her 'life,I on 01.07.2025 at about 8.00 A.M., committed suicide by consuming Vasmol 33 poison. On see-lng the deceased in unconscious State, the complainant shifted her to Area Hospital, Srikalahasti for treatment where she died while undergoing treatment. 3. Sri Ch. Jamadagni, the learned counsel for the petitioners, submits that the petitioners have not committed any offence; they were falsely implicated in this case; the petitioners never abetted the deceased in committing suicide; they are ready to abide any conditions to be imposed by this Court; and urged cfr,---`<`- to enlarge the petitioners on bail in the event of their arrest. i.,_ Te±:::::_~^xpri;:=::i::=±:=L+ri*TRE 3 L` Crl.P.No.7980 of. Dated 14.08.202`_ 4. Per confra, Ms. P, Akhl-la Naidu, theb learned Assistant pub[jc prosecutor, submits that the petitioners abetted the deceased by harassI'ng wI'th WOrdS and made her to commit sujcI'de; that the jnvestl-ga{ion is pending,I and urged to dismI'SS the bail petition. 5. Perusedtherecord. 6. , As seen from the contents of FIR lodged by one Goodala Krishna]'ah who I'S father of the deceased, the allegations agajns{ the petI-t['Oners are that the pet]|tjoners on the pretext that the deceased commI'tted theft of ce" phone belonging to accused No.3, they dragged the deceased to the street by caught hold tuft of her hair indiscriminately and also on the ground that the deceased mal'ntajned l'l[egal relat[-onship with GuravaI'ah/Petitioner No.2/accused No.2. There are specific overt acts alleged against the petitioner No.2/accused No.2 and petI-tiOner No.4/accused No.4 also that petitioner No.4/accused No.4/K. sajlaJ'a allegedly caught hold tuft of the deceased, dragged her {o the street I-n l±±L± Presence Of Several people bet her indiscriminately. 7. Considering the gravity of offence and nature of the a"egat['ons [eve"ed agaI-nSt the petI'tiOner No.2/accused No.2 and petitioner No.4/accused No.4, their request of pre-arrest baI'l iS not COnVinCing and reasonable. `'-. _'I--:-, I \- 4 Dr.YLR, J Crl.P.No.798O of 2025 Dated 14.0'8.2025 So far as the allegations leveled against the petitioner Nos.1, 3 and 5 to J* 7/accused Nos.1, 3 and 5 to 7.are omnibus in nature, their request for grant of Pre-arrest baI-I is found convI'nCing and reasonable . 9. Accordingly, the criminal PetI|tiOn iS Partly allowed with the following conditions: I-. In the event of arrest of the petitioner Nos.1, 3 and 5 to \ 7/accused Nos.1, 3 and 5 to 7, they shall be enlarged on bail on each of them executI'ng a Personal bond f'Or a Sum Of Rs.10,000/- . (Rupees Ten Thousand only), with two sureties for the like sum each to the satisfaction of the arresting police offI-CialS; ii. ThepetitionerNos.1, 3and5to7/accused Nos.1, Sand 5 to 7 shall make themselves available for investigation as and when required,r lfi. The petitioner Nos.1, 3.and 5 to 7/accused Nos.1, 3 and 5 to 7 shall not cause any threat, inducement or promise to the PrOSeCutI'On WI'tneSSeS,- iv. ThepetitionerNos.1, 3 and5to7/accused Nos.1, Sand 5 ` to 7 shall appear before the station House Officer concerned once in a week i.e., on every saturday between 10.00 a.m.. and 05.00 p.m., till filing of the charge sheet. +..---. i-I -____ __i _, 5 DI Crl.P.No.7980 of 2l,` Dated 14.08.2025 v. The petitioner Nos.1, 3 and 5 to 7/accused Nos.1, 3 and 5 to 7 shall not leave the district limits without the express permI-SSiOn from the Station House Officer concerned. 10. The Criminal Petition with respect to Petitioner Nos.2 and 4/accused Nos.2 and 4 is dismissed. SD/-M.SRINIVAS ASSISTANT s EdTf6ffi-: ISTRAR SECTION OFFICER //TRUE COPY// I To'1. The Station House Officer, yerpedu police station, Tirupati District . 2. One CC to M/s JAMAbAGNI CHITTALAAdvocate [OPUC] 3. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT] 4. One spare copy PSR HIGH COURT DR.YLR,J DATED:14/08/2025 BAIL ORDER CRLP.No|7980 of 2025 ALLOWED _ul-i -. -`. -.,`',.