Vangala Hari Krishna v. The State of Andhra Pradesh
CRLP/8419/2025 · 2025-08-21
Y Lakshmana Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 29212 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29212 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
+xp`\ E= _ IN THE HIGH COURT OF ANDHRA PRADESH AT AMAR/ FRIDAY ,THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE :PRESENT:
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO Between: CRIMINAL PETITION NO: 8419 OF 2025
1. Vangala Hari Krishna1, S/o Srinivasa, aged 29 years, R/o Diiggi Village, Komarada Mandal, Parvathipuram, vizianagaram District.
2. Mammulla Laxmikantham alias laxmi (Dl-smissed as lnfructuous), w/o late VenkatI-, Aged 71 years, R/o B.C. Colony, Narsipuram viIIageJ Parvathipuram, vizI®anagaram District. i (Criminal Petition, agaiF!St Petitioner No.2/Accusecl No.3 is dismissed as infructuous as per the court's order dated 20.08.2025 in Crl.P.No.8419 of 2C25.) ...petitioners/Accused No.2 & 3 AND
1. The State ofAndhra Pradesh, Rep. by I'tS Public Prosecutor, High Court of Judicature of Andhra Pradesh at AmaravatI-. ...Respondent No.1/ComplaI-nanfi
2. VICTIM, D/o Simhachalam, Aged 15 years, R/o Duggi Village, Komarada Mandal, parvathipuram, vI'Zianagaram District. llaRespondent No.2/De-facto complaI-nan€ petition under sections 480 & 483 of BNSS, prayl'ng that in the-I cllrCumStanCeS Stated in the memorandum of grounds filed in support of the crimI'naI Petition, the H,'gh Court may be pleased to release thel` petl'tioners/Accused No.2 & 3 on bail in Crime No.71 of 2025, on the file of the Komarada police Station. 4 The Petition coming or€ for hearing, upon perusing the petI-tI'On and the memorandum of grounds filed in support thereof and upon hearing the 3
arguments of SRI BONU RAMA SHANKAR RAO Advocate for the petitioners, and of PUBLIC PROSECUTOR, for the Respondent No.1, the Court made the following
_Lse*---I ,-I -'ii- / APHCO10417342025 - E¥HriE IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (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: 8419/2025 [3521] Between :
1.VANGALA HARI KRISHNA, S/O SRINIVASA, AGED 29 YEARS, R/O DIIGGI VILLAGE, KOMARADA MANDAL, PARVATHIPURAM, VIZIANAGARAM DISTRICT.
2.MAMMULLA LAXMIKANTHAM ALIAS LAXMI (DISMISSED AS INFRUCTUOUS), W/O LATE VENKATI, AGED 71 YEARS, R/O B.C.
COLONY, NARSIPURAM VILLAGE, PARVATH IPURAM, VIZIANAGARAM DISTRICT. CRIMINAL PETITION, AGAINST PETITIONER 'NO.2/ACCUSED NO.3 IS DISMISSED AS INFRUCTUO`US AS PER THE COURT'S ORDER DATED 20.08.2025 IN CRL.P.NO.8419 OF 2025. u.PETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT AMARAVATI.
2.VICTIM, D/O SIMHACHALAM, AGED 15 YEARS, R/O DUGGI VILLAGE, KOMARADA. MANDAL, PARVATHIPURAM, VIZIANAGARAM DISTRICT. IuRESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused(S):
BONU RAMA SHANKAR RAO
i... ,i-'= Counsel for the Respondent/complainant(S):
1. R.VENKATESH (LEGAL AIDCOUNSEL) 2.PUBLIC PROSECUTOR The Court made the following:
ORDER: . Dr. CrI.P.No.8419 of `< Dated 22.08.20` The CrimI-nal, Petition has been filed under Sections 437 and 439 of the `code of criminal Procedure,~1973 (for brevity lthe Cr.P.C.I)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity {the BNSS'), seeking to enlarge the petitioners/Accused Nos.2 and 3 on baI-I in Cr.No.71 of 2025 of Komarada Police Station, Parvathipuram District, registered against the petitioners/Accused-Nos.2 and 3 herein for the offences punishable under Sections 64 read with 3 (5), 318 of the Bharatiya Nyaya Sanhita, 2023 (for brevity lthe BNSJ), Section 4 read with 17 of the Protection of Children from Sexual Offences Act, 2012. 2. ln this case, the petitioner No.2/Accused No.3 was already enlarged on bail by the learned Trial Court. Hence, the petition against the pe{I'tiOner No.2/Accused No.3 is dismissed as infructuous. 3. The case of the prosecution is that on o4.08.2025 at about 09:00 hours, the complainant stated that she studied up to 9th class and thereafter discontinued her studies, and has boor` residing at Duggi Village `s_
._ __ _ F`f -L=r=.ET== _,`_i i:¥ i / r a\ J® Dr. YLR, I CrI.P.No.8419 of 2O25 Dclted 22.08.2025 along with her parents. ln February 2025, she went to Appayyapeta Village of Seethanagaram Mandal to attend the cradle ceremony of a close relative, Vangala Seetha. At that time, she became acquainted with one Vangala Krishna. Said Krishna made her believe that he was in love with her and would marry her. Believing his words, she accepted his proposal, and since then they had been talking to each other daily over the phone. Subsequently, Vangala Krishna came to Duggi Village and stayed in the \ house of his paternal uncle, Vangala Srinu, for about two months. During that period, due to their frequent interaction, their relationship grew deeper. On 01.08.2025, at about ll:00 hours, while she was at the house of Vangala Srinu, his son, Vangala Hari Krishna, induced her to elope with Vangala Krishna and advised her to prepare a bag. Accordingly, without informing her parents, she went to the house of Vangala Srinu carrying a luggage bag, from where Vangala Krishna took her to Appayyapeta Village of Seethanagaram Mandal on a motorcycle at about 1 :30 p.m. and kept her in his house.
On the same day, at about 04:30 p.m., Vangala Krishna, Vangala Hari Krishna, along with two of their friends, consumed beer, and on their forceful insistence, she also consumed beer. Thereafter, Vangala Krishna stated that his _maternal aunt, Bondu Padma, questI-Oned him about the complainantJs presence and aborJt her miSSl'ng from her Village. At that point, Vangala Hari Krishna advised Vangala Krishna not to keep her there
Dt` CrI.P.No.8419 of ` Dated 22.08.2o` and suggested that he take her to chennai to avol-d her parents tract-ng her. Accordl'ngly, on the same day, both the complaI'nant and Vangala Krishna went to Narsipuram village to the house of his grandmother on a motorcycle. There, his grandmother suggested that he marry the complainant. consequently, vangala Krishna knowingly tied a yellow thread around her neck, thereby marrying her, despite bet-ng fully aware that the complainant was a minor. 4. Sri B.Rama Shankar Rao, the learned counsel for the petitI'Oner contends that the pe{I'tjOner/A-2 is I-nnOCent of the alleged offence and has been falsely I|mPIl-cated by the polI'Ce. It js further submitted that the petI|tiOner is the sole earning member of the family and, therefore, his incarceration would cause undue hardship to his dependentsI The petitioner/A-2 undertakes to strictly adhere to any condI-{jOn§ that may be I'mPOSed by this Court. In light of the foregoing subm['ssjons, learned counsel prays that the present petition be allowed in the I-nterest of justice. 5. Per confra, Ms]P.Akhl'Ia Najdu, the learned AssI[Stant Public prosecutor vehemently opposed the grant of baj[ to the petitioner/A-2, submitting that the I|nVeStigatjon is still underway and several material witnesses remain to be examined. It is contended that l'f the petitI-Oner is released on baI|! at thI'S Stage, there ]|s a strong !ikeljhood that he may abscond, thereby hampering the ongoing investigation and evading the
i J r CJt Ju- Dr. YLR, J Crl.P.No.8419 of 2025 Dated 22.08.2025 process of law.
[n view of the foregoing submissions, .it is urged that the pe.tition be dismissed. . 6. On the other hand, Mr.R.Venkatesh, the learned Legal-Aid Counsel, while reiterating the arguments of the learned Assistant Public Prosecutor, submI'tS that the accusation iS Well-founded against the petitioner/A-2, and it is urged that the petition be dismissed. 7. ` Heard the learned counsel for the petitioner, the learned Legal Counsel, and the learned Assistant Public Prosecutor. Perused the record. 8. As seen from the record, the petitioner/Accused No.2 is alleged to have induced the victim, aged about 15 years, to go along with Accused No.1. The petitioner was arrested on 06.08.2025 and has been in judicial custody for the past seventeen (17) days. The petitioner is aged about 29 years, is a resident of Duggi Village, Komarada Mandal, Parvathipuram, Vizianagaram District. So far, eight witnesses have been examined, and the statement of the victim has been recorded under Section 164 of [the Cr.P.C.,i by the learned Jurisdictional Magistrate. The prime portion of the investigation has been completed. Hence, the question of the petitioner influencing or threatening the witn6lSSeS Or hampering the investigation does not arise. Dt` CrI.P.No.8419 of \ Dated 22.08.2o` Considering the nature and gravity of the allegations levelled against the petitioner, his alleged role in the case, and the period of detention undergone by the petitioner in judicial custody, this Court is inclined to enlarge the petitioner/A-2 on bail with the following stringent conditions: i. The petitioner/Accused No.2 shall be enlarged on bail subject to he executing a bon'd for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties each for the like sum each to the satisfaction of the learned Principal Junior Civil Judge-Gum-Additional Judicial First class Magistrate at Parvathipuram. ii.
ii. The petitioner/Accused No.2 shall appear before the' Station House Officer concerned 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.2 shall not leave the limits of the District without prior permission from the Station House Officer concerned. iv. The petitioner/Accused No.2 shall not commit or indulge in commission of any offence in future. v. The petitioner/Accused No.2 shall cooperate with the investigating officer in further investigation of the case and
i J r EE J` O Dr. YLR, I Crl.P.No.8419 of 2025 Dated 22.08.2025 shall make himself available for interrogation .by the investI'gating Officer aS and When required. vi. The petitioner/Accused No.2 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. 10. Accordingly, the Criminal Petition is allowed. .-. _//TRUE COPY// SD/-l;I. SRIDEVI ASSISTANT R To, SECTION OFFICER
1. The Principal Junior 'C'iviI`'Juldge-Gum AdditI'OnaI Judicial First class Magistrate at Parvath-ibriram, Vizianagaram District
2. The Superintendent,''''-Superintendent, Sub Jail, Parvathipurain, parva{hipuram Manyain District
3. The Station House-lOfficer, Komarada Police Station, Parvathipuram Manyam District
4. One CC to SRI. BdNU RAMA SHANKAR RAO Advocate [OPUC]
5. Two cos to PUBLIC PROSECUTOR, High Court of Andhra Pradesfa [OUT]
6. One spare copy PSR
I HIGH COURT DR.YLR,J DATED :22/08/2025 BAIL ORDER CRLP.No.8419 of 2025 ALLOWED _ A,\qq" a..i.I,, * .I 1 l\\i\\ \\\\ uqu <- _giv.,-a:j'+ •. .I.
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