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2025 DAILYLAW 28939 (AP)

Saripalli Rambabu v. The State of Andhra Pradesh

CRLA/547/2025 · 2025-08-19

B V L N Chakravarthi

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

/ APHC010412712025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE, TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL APPEAL No.547 of 2n2fi Appeal under Section 14-A of the SC and ST (Prevention of Atrocities Act) R/w Section 480 of BNSS, against the order dated 25-07-2025 passed in Crl.M.P.No.776 of 2025 Crime No. 183 of 2025 on the file of the Special Judge for the Trial of Cases under SCs and STs (Prevention of Atrocities) Act, 1989-cum-X Additional District Judge at Rajamahendravaram, East Godavari District. Between: Saripalli Rambabu, S/o Shankar Rao, Aged about 30 Appalayapeta Village, Rangarayapuram P.O. Vizianagaram District. years. Bobbin Mandal, ...Appellant/Accused No.1 AND 1. The State of Andhra Pradesh, by the Public Prosecutor, Through the Deputy Superintendent of Police, Central Zone, E.G. District, High Court of Amaravathi. 2. Kokkiripati Surya Kumari, D/o Subba Rao, 28 years, Subbarayapuram Village, Devarapalli Mandal, East Godavari District. ...Respondents/complainant lA NO: 1 OF Petition under Section 430(1) praying that in the circumstances stated i the affidavit filed in support of the petition, the High Court may be pleased to suspend the order dated 25-Q7-2025 in passed in Crl.M.P.No.776 of 2025 on the file of the Special Judge for the Trial of Cases Crime No. 183 of 2025 under SCs and STs (Prevention of Atrocities) Act, 1989-cum-X Additional and release the petitioner on bail District Judge at Rajamahendravaram pending disposal of the Criminal Appeal. Counsel for the Petitioner : Sri Pardha Saradhi A V Counsel for Respondent No.1: Public Prosecutor Counsel for Respondent No.2: None Appeared The Court made the following Judgment; APHC010412712025 IN THE HIGH COURT OF ANDHRA PRADESH I AT AMARAVATI ' (Special Original Jurisdiction) WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE [3368] PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL APPEAL NO: 547/2025 Between: 1.SARIPALLI RAMBABU, S/0 SHANKAR RAO, AGED ABOUT 30 YEARS, APPALAYAPETA VILLAGE, RANGARAYAPURAM P.O., BOBBILI MANUAL, VIZIANAGARAM DISTRICT. ...APELLANT AND 1.THE STATE OF ANDHRA PRADESH, BY THE PUBLIC PROSECUTOR SUPERINTENDENT OF POLICE, CENTRAL ZONE, E.G. DISTRICT, HIGH COURT OF AMARAVATHI. 2.KOKKIRIPATI SURYA KUMARI, D/0 SUBBA RAO, 28 YEARS, SUBBARAYAPURAM VILLAGE, DEVARAPALLI MANUAL, EAST GODAVARI DISTRICT. DEPUTY THE THROUGH ...RESPODENT(S): Appeal under Section 372/374(2)/378(4) of Cr.P.C praying that the High Court may be pleased to set aside the order dated 25-07-2025 passed in Crl.M.P.No.776 of 2025 Crime No. 183 of 2025 on the file of the Special Judge for the Trial of Cases under SCs and STs (Prevention of Atrocities) Act, 1989-cum-X Additional District Judge at Rajamahendravaram and grant bail in the above criminal Appeal and pass 2 . lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the order dated 25-07-2025 passed in Crl.M.P.No.776 of 2025 Crime No. 183 of 2025 on the file of the Special Judge for the Trial of Cases under SCs and STs (Prevention of Atrocities) Act, 1989- cum-X Additional District Judge at Rajamahendravaram release the petitioner on bail pending disposal of the Criminal Appeal and to pass such other order or orders as this Hon’ble Court deems it fit and proper in the interest of justice and in the circumstances of the case, else the petitioner will be put to grave hardship and (reparable loss. and Counsel for the Appellant: 1.PARDHA SARADHI AV Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI CRIMINAL APPEAL NO: 547 of 2025 The Court made the following Judgment: Heard Sri A.V.Pardahsaradhi, learned counsel for the appellant/Accused No.1 and learned Additional Public Prosecutor representing the State. 2. The present Appeal is preferred by the appellant/A1 under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, challenging the order dated 25.07.2025 in Crl.M.P.No.776 of 2025 on the file of the learned Special Judge for Trial of Cases under SCs and STs (POA) Act- cum-X Additional District Judge at Rajamahendravaram. 3. Learned Additional Public Prosecutor representing the State would submit that notice was taken to the respondent No.2/ complainant as required under Section 15A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 on 17.08.2025. 4. No representation for the respondent No.2/complainant/ victim opposing the bail application. 4 ■ n Learned Additional Public Prosecutor opposed the bail application. However, he fairly conceded that the investigation was completed and potency reports of the accused also have 5. been received. 6. Accused was arrested on 23.06.2025 and since then, he has been in judicial custody. No application was filed at any point in time, during the entire period, seeking police custody, for any purpose. Learned trial Court refused the bail application on the ground that investigation was not completed and reports were awaited at that point in time. 7. 8. Now the above facts and circumstances would disclose that investigation was completed and reports of the appellant/accused were received. Admittedly, even as per the FIR, the victim and the accused are known to each other and fell in love and as per the report, the alleged offence was occurred in September, 2023 but the report was presented on 24.04.2025 i.e., after three (03) years of the alleged incident. 9. 5 10. Considering the facts and circumstances of the case, this Court is of the considered opinion that it is a fit case to enlarge the petitioner on bail subject to certain conditions. 11. In the light of foregoing circumstances, the impugned order dated 25.07.2025 in Crl.M.P.No.776 of 2025 on the file of the learned Special Judge for Trial of Cases under SCs and STs (POA) Act-cum-X Additional District Judge at Rajamahendravaram is hereby set aside subject to the following conditions: i) The appellant/Accused shall be enlarged on bail, on executing a personal bond for Rs.20,000/- (Rupees Twenty Thousand only), with two (02) sureties for a like sum each, to the satisfaction of the learned Special Judge for Trial of Cases under SCs and STs (POA) Act-cum-X Additional District Judge at Rajamahendravaram. On release, the appellant/Accused shall appear before the learned Special Judge for Trial of Cases under SCs and STs (POA) Act-cum-X Additional District Judge at Rajamahendravaram, on every fourth Saturday of the month, till disposal of the Appeal. The appellant/Accused shall not leave the country without permission of this Court. ii) iii) 6 • m iv) The appellant/Accused shall not intimidate or annoy the victim in any manner. If the appellant/Accused violates any of the above conditions, thp prosecution is at liberty to file application seeking cancellation of the bail. On such application, the trial Court shall dispose of the same, as expeditiously as possible, in accordance with law. V) an Vi) 12. Accordingly, the Criminal Appeal is allowed. As a sequel, interlocutory applications, if any, pending shall stand closed. Sd/- E KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// 1 S OFFICER To 1. The Special Judge for the Trial of Cases under SCs and STs (Prevention of Atrocities) Act, 1989-cum-X Additional District Judge at Rajamahendravaram, East Godavari District. 2. The Superintendent of Police, Central Prison, Rajamahendravaram East Godavari District. 3. The Station House Officer, III Rajamahendravaram, East Godavari District. 4. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh, Amaravathi[OUT] 5. One CC to Sri Pardha Saradhi A V, Advocate [OPUC] 6. The Section Officer, Criminal Section, High Court of Andhra Pradesh. 7. Two CD Copies Town Police Station, TK sree HIGH COURT DATED:20/08/2025 JUDGMENT CRLA No.547 of 2025 g( 2 2 AUG 2025 ig SjcfionxV^ ALLOWING THE CRIMINAL PETITION