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High Court of Andhra Pradesh · body

2025 DAILYLAW 27970 (AP)

Ruthala Srinu, v. The State of Andhra Pradesh,

CRLP/8028/2025 · 2025-08-10

Y Lakshmana Rao

body2025

Judgment text

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i--_E- C_ lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI + MONDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8028 OF 2025 Between : Ruthala srinu, s/o. Rambabu, Aged about 32 years, Occ Private Worker, R/o. Near KITES School, Bhogapuram Road, Lalamkoduru, Ramb"" MandaI, Ana`kapaIIe District. A ...Petitioner/Accused No.ng • AND The State of Andhra pradesh, Rep by its pubII-C Prosecutor, High Court of Andhra pradesh, Amaravathl'; Through SHO, Atchuthapuram p.s., Anakapalli Distr[[ct. ...Respondent petl-tjon under sections 480 & 483 of BNSS praying that jn the circumstances stated in the memorandum of grounds f[Ied I-n Support Of the criminal Petition, the High Court may be pleased to release the petI'tiOner/Accused No.1 on bail, pending I-nvestigatI-On in Crime No.138 of 2025 on the file of SHO, Atchutapuram police Station, Anakapalll-District. The PetitI'On coming on for hearing, upon perusing the petition and the{ memorandum of grounds filed !'n support thereof and upon hearing the arguments of M/s CKR ASSOCIATES, Advocate for the petjt,-oner, and of PUBLIC PROSECUTOR, for the Respondent, the court made the foIIowI-ng I--_'._®T|--,RTT,_- ' The Court made the following ORDER: D r-YLR, J CrI.P.No_8028 2025 Date: ll_O8.2025 The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity l{he BNSS'), seeking to enlarge the petitioner/Accused No.1 on bail in Crime No.138 of 2025 of Atchutapuram Police Station, Anakapalli District, registered against the petitioner/Accused No.1 herein for the offence punishable under Sections 85 and 108 of Bharatiya Nyaya Sanhita, 2023 (for shorn [the BNSl) and Sections 3 and 4 of Dowry Prohibition Act, 1961. 2. The case of the prosecution is that on 08.07.2025 at 16',30 hrs, the de facfo complainant, reported that the deceased is his elder daughter, married the petitioner/Accused No..1, on 21.03.2016. They had two children. At marriage, 60 cents of agricultural land and 3 tulas of gold were given. The deceased worked at M.S.M.S. Pharma for the last 4 years. After.3 years of peaceful married life, 'the petitioner/Accused No.1 developed an illicit relationship. The husband, father-'ln-law and mother-in-law of the deceased allegedly harassed her over land and her salary desp-lie five Village panchaya{s. On 02.07.2025, the deceased caught her husband i.e. pet'ltioner/Accused No.1 chatting with another woman. Upset and mentally distressed, she consumed pesticide (Tricot) on 06.07.2025 and committed su'lcide. she was admitted .to Ayushman Hospital, Visakhapatnam, and while undergoing treatment, the deceased died on 08.07.2025 at 5:20 AM. .a 3 CrI.P,No,802b Dates ll-08.2.` 3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused rthe record. 4. Learned counsel for the petitioner/Accused No.1 submits that the petitioner has not committed any offence; petitioner was falsely implicated by the police in the crime; petitioner is the sole breadwinner and he would abide by any conditions to be imposed by this Court and the petitioner has got fixed abode and he is permanent resident of Anakapalle District. Learned counsel for the petitioner further submits that as the petitioner/Accused No.1 was allegedly chatting with another lady, the wife of petitioner/Accused No,1 committed suicide as she was mentally not in a sound position. The petitioner has been in judicial custody from the past 33 days and it is urged to allow the petition. 5. Per confra, Ms|P.Akhila Naidu, 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 was enlarged on bail, he would not be available for the investigation. Learned Assistant Public Prosecutor further vehemently argued tha-I there is reference in the confession of petitioner/Accused No.1 that he maintained extra marital relationship with a lady and several times goaded his wife to commit suicide and it is urged to dismiss the bail petit'lon. 6. The aI'ega{ion against the petitioner/Accused No.1 who is the husband of the deceased, is that he was harassing and subjecting the deceased io Dr.YLR, J CrI.P.No.8028_2O25 Dclte: ll_08.2025 cruelty. He also alleged perpetration of his wife to commit suicide. Except the confession of petitioner/Accused No.1 before the police officials that he harassed his wife to cc,mmit suicide, there is no substantial material available to prove that he had committed an offence of abetting his wife to commit suicide. The pe{itidner was arrested on o9.07.2025, Ever since he has been in judicial custody. 7. Considering the statements given by LWs.1 to 5 and on perusal of the recordJ this Court is inclined to enlarge the petitioner/Accused No.1 on bail with the following stringent conditions: i. The petitioner/Accused No.1 shall be enlarged on bail subject to he executing a bond for a sum of Rs.20,000/- (Rupees twenty thousand only), with two sureties each for the like sum each to the satisfaction of the learned Additional Judicial First class Magistrate, Yelamanchili. ii. The petitioner/Accused No.1 shall appear before the Station House Officer, Atchutapuram PQliCe Station, AnakapaIIe District, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii, The petitioner/Accused No.1 shall not leave the limits of the District without prior permission from the station House Officer cohcerned. 5 CrI.P.No.8o.` Date: ll.O8.L iv. The petitioner/Accused No.1 shall not commit or indulge in commission of any offence in future. v. The petitioner/Accused No.1 shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the investigating officer as and when required. vi. The petitioner/Accused No.1 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 him/her from disclosing such facts to the court or to any police officer. vii. The petitioner/Accused No.1 shall surrender their passports, if any, to the investigating officer. lf he claims that he does not have a passport, hey shall submit an affidavit to that effect to the Investigating Officer, 8. Accordingly, the Criminal Petition is allowed. SD/-G.H ASSISTAN ELANAIDUI !STP`AR //TRUE COPY// SECTION OFFICER For To, 1. The Sessions Judge, Manila Court, Visakhapatnam, Visakhapatnam District 2. The AddI'tiOnaI Judicial First Class Magistrate, Yelamanchiji, VI®SakhaPatnam District 3. The Superintendent, yeilamanchili sub Jail, Anakapalli District 4. The Station House Officer, Atchuthapuram Police Station, Anakapalli District. 5. One CC to M/s CKR ASSOCIATES, Advocate [OPUC] 6. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT] 7. One spare copy HIGH COURT DR.YLR,J DATED: ll/08/2025 BAIL ORDER CRLP.No.8028 of 2025 ALLOWED