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2025 DAILYLAW 30186 (AP)

KANDIMALLA RADHIKA v. THE STATE OF ANDHRA PRADESH

CRLP/8684/2025 · 2025-08-19

Venkata Jyothirmai Pratapa

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010434822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8684/2025 Between: 1. KANDIMALLA RADHIKA, W/O. PITCHAIAH, AGED ABOUT 40 YEARS, HINDU, HOUSE WIFE, R/O.4TH FLOOR, BRINDAVAN APARTMENTS, SRINIVASA NAGAR COLONY. TELEPHONE EXCHANGE ROAD, PORANKI, VIJAYAWADA. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMRAVATI. 2. BODEPUDI YUGANDHAR BABU, S/O. BODEPUDI NAGESWARA RAO, AGED ABOUT 45 YEARS, R/O.D.NO. 5- 100, KANTAMRAJUKONDUR VILLAGE, DUGGIRALA MANDAL, GUNTUR DISTRICT. CELL NO. 8179799696 ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to set aside the condition imposed in orders in CrI.M.P no. 2988 of 2025 in STC. 32 of 2025, dated 07-07-2025, passed by the Hon'ble II Additional Judicial Magistrate of I Class, Tenali and quash the same and pass IA NO: 1 OF 2025 2 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased Pleased to grant stay of all further proceedings in STC no. 32 of 2024, on the file of the Hon'ble II Additional Judicial Magistrate of I Class, Tenali, pending disposal of the above Criminal Petition and pass Counsel for the Petitioner/accused: 1. S BALA MOHAN RANGA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 The Court made the following: ORDER: This Criminal Petition, under Section 528 of Bharatiya Nagarik Suraksha Sanhitha, 2023, has been filed by the petitioner/Accused, seeking quashment of proceedings against her in Crl.M.P.No.2988 of 2025 in S.T.C.No.32 of 2024, on the file of II Additional Judicial Magistrate of I Class, Tenali. 2. Heard Sri S. Bala Mohan Ranga, learned counsel for the petitioner, and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor who takes notice on behalf of the State. 3. Learned counsel for the petitioner submits that the trial Court directed the petitioner to appear before the Court on 25.06.2025. Due to ill health, the petitioner could not appear before the Court, and on her behalf, her counsel appeared and submitted an absent petition seeking to condone her absence. The said petition was dismissed and a non-bailable warrant was issued against the petitioner. After the police executed the warrant and produced her before the trial Court on 06.07.2025, the trial Court remanded her to judicial custody. The petitioner moved a bail application, which was allowed on execution of a personal bond of Rs. 10,000/- with a single surety, subject to payment of Rs. 1,00,000/- to respondent No. 2. Learned counsel for the petitioner submits that the condition to pay an amount of Rs. 1,00,000/- to respondent No.2 is unfair and finally prays that the petition may be allowed. 4 4. Learned Assistant Public Prosecutor submits that the Court may pass appropriate orders. 5. Considering the submissions made, this Court does not find any force in the submissions regarding the impugned order passed by the learned trial Judge while releasing the petitioner on bail on the condition of payment of Rs. 1,00,000/- to respondent No. 2. There is no merit in the contention that an undertaking was given to deposit the amount into the Court. The learned trial Judge rightly passed the order directing the petitioner to pay the amount to the complainant. 6. In view of the above, the criminal petition is disposed of. However, the petitioner is at liberty to express her grievance before the trial Court. Consequently, miscellaneous applications pending, if any, shall stand closed. ____________________________________ Dr. VENKATA JYOTHIRMAI PRATAPA, J Date: 20.08.2025 MH 5 54 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P No.8684 of 2025 Dated: 20.08.2025 MH