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2025 DAILYLAW 29308 (AP)

UPPALA TRIVENI v. THE STATE OF ANDHRA PRADESH

CRLP/8430/2025 · 2025-09-01

Y Lakshmana Rao

body2025

Judgment text

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[3521 I IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY ,THE SECOND DAY OF SEPTEMBER \``. TWO THOUSANDAND TWENTYFIVE , : PRE-SENT: `,`R7ty.,i THE HONOURABLE DR JUSTICE Y. LAKSHMANA RA CRIMINAL PETITION NO.- 8430 OF 2025 Between : uppala Triveni, W/o Sripavan Kumar, Aged 33 years, Occ: Housewife, R/o FIat No.JJ402, Balaji Residency Apartment, Tarakarama Nagar, s.v.N Colony Extension, Guntur Town, Distrl'ct Guntur. Joga Usha Lakshmi, w/o srinl®vasa Raol, , AND Petitioner/Accused The State of Andhra pradesh, Rep. by its publI'C Prosecutor, High Court Andhra pradesh at AmaraVati.' Respondent llCause title of the petitioner/Accused is amended as per the court order dated 02.09.2025 in IA.No.01 of 2025 I-n CRLP No.8430 of 2025'' petition under section 480 -& 483 OF BNSS, 2023 is filed praying that in the circumstances stated in the affidavit filed in support of the crimjna! petition, the High Court may be pleased to enlarge the petitioner/Accused on bail in cormection wI-th F.I.R No.320 of 2025 on file of Pa{tabhI-Puram Police Station, Guntur DistrI-Ct for Offence under section 105 BNS. The petition/Appeal coming on for hearing, upon perusing the pe{jtjon and the grounds fI'led in support thereof and upon hearing the arguments of sri syED KHADER MASTAN Advocate for the petitioner, PUBLIC PROSECUTOR (AP) for the Respondent and the court made the following. APHCO10419222025_ Dr.YLR, J Crl.P.No.8430 of2025 Dated 02.09.2025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) -`J5l.. J TUESDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT I THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL P'ETIT[ON NO: 8430/2025 Between : Uppala Triveni AND The State Of Andhra Pradesh counsel for 1:he Petitioner/accused: -1. SYED KHADER MASTAN [3521] ".PETITIONER/ACCUSED ...RESPONDENT/COMPLA[NANT Counsel for the Respondent/comp[aihlant: 1.PUBLIC PROSECUTOR The Court made the following.- ORDER: The Criminal Petition has been filed under Sectioris 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity [the BNSS') by the petitioner/Accused for granting of bail in connection with Crime No.320 of 2025 of Pattabhipuram Police Station, Guntur District, registered for the alleged offences punishable under Section 105 of the Bharatiya Nyaya Sanhita, 2023 (forbrevity [the BNS'). , 2 Dr.YLR, J Crl.P.No.8430 of 2025 Dated 02.09.2025 2. The case of the prosecution is that on 04.08.2025 at 3:30 PM, at D.No.3-2-176, 2nd Lane, Gujjanagundla, Guntur, a quarrel took place between the complainant's mother Akula Anjamma (65t9,yrS) and the accused Uppala Triveni, arising out of a dispute regarding morfgaged gold. During the altercation, the accused beat Anjamma with hands, causing her to fall, lose teeth,' and become unconscious. She was examined by an RMP, who declared her dead. The complainant Palchuri Lakshmi (30 yrs) reported the incident to the police on 05.08.2025 at 2:30 PM, seeking action against the accused. 3. Sri Syed Khader Mastan, the learned counsel for the petitioner contends that the petitioner is innocent of the alleged offence and has been falsely implicated by the police. lt is further submitted that the petitioner is the sole earning member of the family and, she is ready to abide any conditions that may be imposed by this Court, and it is urged to grant b`ail to the petitioner. 4. - Perconfra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the gra`nt of bail to the petitioner, submitting that the investigation is still underway and several material witnesses remain to be examined. lt is contended that if the petitioner is released on bail, there is a strong likelihood th'at she may abscond, thereby hampering the ongoing investigatio!l ancl evacling the process of lawo ln view of the foregoing, it is urged that the petition be dismissed. 3 ` Dr.YLR, J Crl.P.No.8430 of2025 Dated 02.O9.2025 5. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 6. As seen from the record, the allegation against the+fJbetitioner/accused is that she slapped Akula AnJ-amma, aged about 65 years, mother of the de-facto complainant, four times forcefully. As a result, tooth of Anjamma was dislocated and she fell down on the ground. When the de-facto complainant went to her motherJs house, she noticed that her mother was in an unconscious state, and later she died. The de-facto complainant further mentioned in her report that her mother died due to lack of sufficient oxygen. The report was lodged on 05.08.2025, while the alleged occurrence took place on 04.08.2025 at 3:30 p.m. The petitioner was arrested on 06.08.2025. 7. So far, eight witnesses have been examined,- all the witnesses are material witnesses. The petitioner has been in the judicial custody for the past 26 days. The prime witnesses have been examined and the material portion of the investigation is completed. There is no reference in the report lodged by the daughter of the deceased that the petitioner/accused with an intention to do away the life of the deceased slapped the deceased. ln fact, it is revealed that the petitioner herself informed the de-facto complainant that the deceased had accused the lPetitiOner Of being responsible for her daughter'S inabi`lity tO go to her marital home and abused her, whereupon the petitioner, out of anger, slapped the deceased. cJ,xZ _ j6pr -\_ _ _ _ \| 4 Dr.YLR, J Crl.P.No.8430 of 2025 Dated 02.09.2025 8. The petitioner is a female aged about 33 years, known to both the de- facto complajnant and the deceased. she has a fixed place of residence. The period for custodial interrogation is also completed. i`it, 9. ConsiderI'ng the gravI|ty and nature of the allegatI-On leVe"ed aga]|nst the petjtjoner/Accused, and her alleged role played in the case, this court js incI['ned to enlarge the petjtl|oner on ba" with the following s{rjngent conditions: i. The Pe{I'tiOner/Accused shall be enlarged on ba" subject to her executing a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only), w['th two suretI'eS for the like sum each {o the satl|sfactjon of the learned spectral Judicial I class Magl'strate for ProhI®bitiOn and Excise, Guntur. ii. The Petitioner/Accused shall appear before the station House officer concerned on every saturday in between 10.-00 am and o5.loo pm, till cognjzance is taken by the learned the Trial Court. iji. The Petitioner/Accused shall not leave the lim!'ts of the I District without prior perml-ssion from the station House offI'Cer COnCemed. iv. The petitI'Oner/Accused shall not commit or indulge I'n commission of any offence jn future. v. The Pet!'tioner/Accused shall cooperate with the inves{jgating officer jn further investjgatI-On Of the case and sha" `'`-, , `. 10. To, 5 Dr.YLR, J Crl.P.No.8430 of2025 Dated 02.09.2025 make herself available for interrogation by the investl-gating officer as and when required. vi. The PetitI-Oner/Accused shall not, dI-reCtly`SQr indirectlyj make any inducement, threat or promise to any person acquainted with the facts of the case so as to dI'SSuade him/her from dI'SCIosing such facts to the court or to any police officer. Accordingly, the Criminal Petl-lion I-S allowed. SD/- K.SRINIVASA RAJU //TRUE COPY// ASSISTA SECTl:##:EF:I[CS : R: EGISTRAR 1. The Special Judicial First Class Magistrate For Prohibition and ExcI-Se, Guntur. 2. The Superintendent, District Jail, Guntur. 3. The Station House Officer, Pattabhipuram police station, Guntur DI-StrI'Ct 4. One CC to SRI. SYED KHADER MASTAN Advocate [OPUC] 5. Two CCs to Public Prosecutor (AP) High Court ofA.P., Amaravati [OUT]. 6. One spare copy I.tys,' , HIGH COURT DR.YLR,J DATED :02/09/2025 BAIL ORDER CRLP.No.8430 of 2025 ALLOWED tS, n 3 S[LP IRE + \j\