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2025 DAILYLAW 31861 (AP)

KUNDALA PRASANNA KUMAR v. The State of Andhra Pradesh

CRLA/602/2025 · 2025-09-16

B V L N Chakravarthi

Criminal Appealbody2025

Judgment text

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APHC010466252025 IN THE HIGH COURT OF ANDHRA PRADE AT AMARAVATI WEDNESDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI CRIMINAL APPEAL NO: 602 OF 2025 Appeal under Section 14 (A) of SC ST (POA) Act, against the Order, dated 25-08-2025 passed in Crl.MP.No.1279 of 2025 on the file of the Special Sessions Judge for SC & ST (POA) Act Cases-cum-lll Additional District Judge, Vijayawada, Krishna District. Between: Kundala Prasanna Kumar, S/o.Ramana Rao, aged about 32 years, Yadava, R/o.D.No.6-13/4-12, Gollapalem Gattu, Jodu Bommala Center, Tailorpeta, Vijayawada. Now at D.No.2-8-99/A, Labour Colony, Vidyadharapuram, Vijayawada - 520 012. ...APPELLANT/ACCUSED N0.1 AND 1. The State of Andhra Pradesh, Rep.by its Public Prosecutor, High Court, Amaravati. ...COMPLAINANT/RESPONDENT D/o.Kolluri Nani, Madiga, 24 years, R/o.D.No.43-78-22, Near Krishna Hotel, Ajith Singh Nagar, Vijayawada, NTR, Andhra Pradesh-15. 2. Kolluri Nikitha Aahalya, ...RESPONDENT N0.2/DEFACTO COMPLAINANT % i : > Counsel for the Appellant: SRI VENKATA SIVA NAGARAJ BONKURI Counsel for the Respondent No.1 : ADDITIONAL PUBLIC PROSECUTOR * 4 Counsel for the Respondent No.2 : SMT B.ANJALI, REPRESENTING SRI ALLA TARUN KUMAR The Court made the following JUDGMENT : APHC010466252025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE SEH [3368] PRESENT ) THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL APPEAL NO; 602/2025 Between: 1.KUNDALA PRASANNA KUMAR. S/0. RAMANA RAO, AGED ABOUT 32 YEARS, C/o YADAVA, R/0. D.N0.6- 13/4-12 CENTER, TAILORPETA, VIJAYAWADA. NOW AT D.NO. 2-8-99/A, LABOUR COLONY, VIDHYADHARAPURAM, VIJAYAWADA - 520 012. GOLLAPALEM GATTU, JODU BOMMALA ...APELLANT AND 1 .THE STATE OF ANDHRA PRADESH, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT, AMARAVATI. 2.XXXX, XXXX ...RESPODENT(S); Appeal under Section 372/374(2)/378(4) of Cr.P.C praying that the High Court may be pleased to pleased to allow this Criminal Appeal by set aside the Order dated 25.08.2025 passed in CrI.M.P.No.1279/2025 passed by the III Additional District and Sessions Judge Vijayawada, at Krishna District against the Appellant/Accused No.1 and pass 2 'P lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to dispense with the filing of Original Copy of marriage certificate dated 26.05.2025; pending disposal of the above CRLA and pass Counsel for the Appellant: 1 .VENKATA SIVA NAGARAJ BONKURI Counsel for the Respondent(S): 1.ALLA TARUN KUMAR 2. PUBLIC PROSECUTOR THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI CRIMINAL APPEAL NO: 602 of 2025 The Court made the following Judgment: Heard Sri Venkata Siva Nagaraj Bonkuri, learned counsel for the appellant/A1, learned Additional Public Prosecutor representing the State and Smt.B.Anjali, learned counsel representing Sri Alla Tarun Kumar, learned counsel for respondent No.2. 2. The present Appeal is filed under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 challenging the Order dated 25.08.2025 in Crl.M.P.No.1279 of 2025 on the file of the learned Special Judge for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases-cum-lll Additional District Judge, Vijayawada. 3. Smt.B.Anjali, learned counsel representing Sri Alla Tarun Kumar, learned counsel for respondent No.2/de facto complainant would concede that the de facto complaint/victim and accused married prior to FIR and they lived together for sometime and later due to some matrimonial dispute, the victim was made to present a report against the petitioner Appellant herein and as of today, they are living together at the intervention of elders. 4 However, undisputedly, the police completed investigation and laid charge sheet before the Special Court on 14.09.2025.. 4. Considering the above facts and circumstances and upon perusal of the record, this Court is of the considered opinion that the appellant/A1 be enlarged on bail, subject to the following conditions: i) The Appeilant/A1 shall be enlarged on bail, on executing a personal bond for Rs. 10,000/- (Rupees Ten Thousand only), with two (02) sureties for a like sum each, to the satisfaction of the learned Special Judge for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases-cum-lll Additional District Judge, Vijayawada. The Appellant/AI shall not leave the country without prior permission of the learned Special Judge for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases-cum-lll Additional District Judge, Vijayawada. If the Appellant/AI violates any of the above conditions, the prosecution is at liberty to file an application seeking cancellation of the bail. li) iii) 5. Accordingly, the Criminal Appeal is allowed setting aside the Order dated 25.08.2025 in Crl.M.P.No.1279 of 2025 on the file of the learned Special Judge for Scheduled Castes and 5 Scheduled Tribes (Prevention Additional District Judge, Vijayawada. of Atrocities) Cases-cum-lll As a sequel, interlocutory applications, if any, pending shall stand closed. SOI- E.KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Special Sessions Judge for SCs & STs (POA) Act Cases-cum-lll Additional District Judge, Vijayawada, Krishna District. The Station House Officer, Bhavanipuram Police Station, Krishna District. One CC to Sri Venkata Siva Nagaraj Bonkuri, Advocate [OPUC] One CC to Sri Alla Tarun Kumar, Advocate [OPUC] Two CCs to the Public Prosecutor, High Court of AP at Amaravati.[OUT] The Section Officer, Criminal Section, High Court of AP at Amaravati. Two CD Copies BSV TAC 2. 3. 4. 5. 6. 7. HIGH COURT DATED:17/09/2025 JUDGMENT CRLA NO. 602 OF 2025 C? 5 19 SEP 2025 S •a ^ ^ Current Section %S5;^£PATCH5^ ★ /’ ALLOWING THE CRIMINAL APPEAL