APHC010432122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] SATURDAY,THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8666/2025 Between: Chanapathi Durga Prasad ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. J.V.PHANIDUTH Counsel for the Respondent/complainant: 1. The Court made the following: ORDER: The Criminal Petition has been filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for brevity „the Cr.P.C.‟) Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity „the BNSS‟), seeking to enlarge the petitioner/Accused on bail in Crime No.53 of 2025 of Eluru I Town Police Station, Eluru District, registered for the offences punishable under Sections 332(a), 103(1), 305(a), 238 of Bharatiya Nyaya Sanhita (for short „the BNS). 2 2. The case of the prosecution, in a nutshell, is that on 28.03.2025 at around 2.23 a.m. at the resident of the deceased, located at D.No.9-3-35, Vennavalli Vari Peta, Eluru. The crime was reported on the same day at 6.00 a.m., by the complainant-Penta Srinivas, the son-in-law of the deceased, Chanapathi Ramanamma. According to the complaint, Srinivas received a phone call from Tabellu Shiva Kumar, a relative of the deceased, informing him that smoke and fire were emanating from the deceased‟s house. The complainant, along with his family members, rushed to the scene and found that neighbours had already extinguished the flames, though smoke was still visible. Upon entering the premises, they discovered the deceased lying inside with her saree partially burnt and her hands and legs tied with cloth. Multiple burn injuries were observed on her body, and there were signs of strangulation using a yellow nylon rope. Several gold ornaments, which the deceased regularly wore, were found missing, including two gold chains (petalu) weighing approximately eight sovereigns, one pair of gold ear rings (maatilalu) weighing around one sovereign, one gold ring with the initials “S.V.R.” on the ring finger of her right hand, and one gemstone (pagadam) gold ring on another finger, with both rings together weighing approximately 1.5 sovereigns. Additionally, an iron cupboard behind the bed was found open, with its locks left inside, and approximately Rs.25,000/- in cash kept there was missing. It is suspected that unknown persons trespassed into the house during the early hours, tied the deceased, strangled, murdered her, and 3 stolen her gold ornaments and cash. During the investigation, the accused was arrested on 30.03.2025 and send to judicial remand. 3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 4. Mr. J.V.Phaniduth, learned counsel for the petitioner submits that the petitioner has not committed any offence; petitioner was falsely implicated by the police in the crime; petitioner is the sole breadwinner; petitioner would abide by any conditions to be imposed by this Court; and urged to allow the petition. 5. Per contra, Ms. P. Akila 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 is enlarged on bail, he would not be available for the investigation and he would escape from the clutches of law; and it is urged to dismiss the bail petition. 6. The allegations against the petitioner/sole accused are that he killed Ramanamma (the deceased) on 28.03.2025, when she was alone in her house. It is also alleged that the petitioner committed theft of valuable gold ornaments, and to destroy evidence, he went to the extent of setting the deceased‟s house on fire. The charge sheet has already been filed. The learned Trial Court has dismissed the petitioner‟s bail application on four (4) occasions. The statement of L.W.6 supports the prosecution's case. Pursuant to the confession made by the petitioner, the material object used in the 4 commission of the alleged offence has been recovered and seized, and this fact is relevant under Section 27 of the Indian Evidence Act. The petitioner was arrested on 30.03.2025, and the allegations against him appear to be well founded. Hence, there are no merits in the present petition. 7. In the result, the Criminal Petition is dismissed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 30.08.2025 S D P 5 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.8666 of 2025 Date:30.08.2025 S D P