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2025 DAILYLAW 30461 (AP)

DASU SAVITHRI @ JYOTHI v. The State of Andhra Pradesh

CRLP/8784/2025 · 2025-08-29

Y Lakshmana Rao

Public Interest Litigationbody2025

Judgment text

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APHC010440312025 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: 8784/2025 Between: Dasu Savithri @ Jyothi ...PETITIONER/ACCUSED AND The State of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: Kakumanu Joji Amrutha Raju Counsel for the Respondent/complainant: Public Prosecutor Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr. YLR, J Crl.P.No.8784 of 2025 Dated 30.08.2025 The Court made the following: ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the petitioner/Accused No.6 for granting of bail in connection with Crime No.45 of 2025 of Cheepurupalli Police Station, Vizianagaram District, registered for the alleged offences punishable under Sections 309 (4), 309 (6), 311 and 331 (8) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’). 2. The case of the prosecution is that on 17.05.2025, the de-facto complainant reported that one Suresh, along with his family, went for pilgrimage for a holy dip in a river in Uttarakhand State. While going for the pilgrimage, he had kept his mother-in-law, Chittamma, in his house to accompany his mother. On 24.05.2025, unknown culprits entered the house by breaking open the northern side door on the first floor. While committing robbery, the unknown culprits beat Chittamma on her right hand and right eye with an iron rod from the kitchen, brought chilli powder and threw it into the eyes of Chittamma and his mother. Later, his mother sustained grievous bleeding injury after the accused beat her on the forehead with an iron rod with an intention to cause death. The 3 Dr. YLR, J Crl.P.No.8784 of 2025 Dated 30.08.2025 unknown culprits robbed the ornaments of Chittamma and snatched a gold chain from his mother's neck, and also stole gold ornaments after breaking open the iron safe in the pooja room. 3. Sri Kakumanu Joji Amarutha Raju, the learned counsel for the petitioner contends that the petitioner is innocent of the alleged offence and has been falsely implicated by the police. It is further submitted that the petitioner is the sole earning member of the family and, he is ready to abide any conditions that may be imposed by this Court, and it is urged to grant bail to the petitioner. 4. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioner, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the petitioner is released on bail, there is a strong likelihood that he may abscond, thereby hampering the ongoing investigation and evading the process of law. In view of the foregoing, it is urged that the petition be dismissed. 5. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 4 Dr. YLR, J Crl.P.No.8784 of 2025 Dated 30.08.2025 6. As seen from the record, this is the second bail application filed by the petitioner seeking his release on bail. The first bail application was dismissed on 31.07.2025. The petitioner has been in judicial custody for the past 97 days. So far, eleven witnesses have been examined. Except for the present petitioner/Accused No.6, all the other accused have been enlarged on bail. 7. Considering the gravity and nature of the allegation levelled against the petitioner/Accused No.6, and his alleged role played in the case, this Court is inclined to enlarge the petitioner on bail with the following stringent conditions: i. The petitioner/Accused No.6 shall be enlarged on bail subject to he executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties for the like sum each to the satisfaction of the learned Judicial I Class Magistrate, Cheepurupalli. ii. The petitioner/Accused No.6 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.6 shall not leave the limits of the District without prior permission from the Station House Officer concerned. 5 Dr. YLR, J Crl.P.No.8784 of 2025 Dated 30.08.2025 iv. The petitioner/Accused No.6 shall not commit or indulge in commission of any offence in future. v. The petitioner/Accused No.6 shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the investigating officer as and when required. vi. The petitioner/Accused No.6 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. 8. Accordingly, the Criminal Petition is allowed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 30.08.2025 KMS 6 Dr. YLR, J Crl.P.No.8784 of 2025 Dated 30.08.2025 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.8784 of 2025 Date:30.08.2025 KMS