Kothapalli Nagamani v. The State of Andhra Pradesh
CRLP/9336/2025 · 2025-09-11
Y Lakshmana Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 32007 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 32007 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010469542025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9336/2025 Between:
KOTHAPALLI NAGAMANI, W/O. LATE VISHWANADHAM, AGED ABOUT 54 YEARS, R/O G. JAGANNADHAPURAM VILLAGE, CHODAVARAM MANDAL, ANAKAPALLI DISTRICT.
...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, at Amaravathi. Through S.H.O, Chodavaram Police Station, Anakapalli District.
...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused:
1. KHAJA KHUTUBUDDIN SHAIK Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR The Court made the following:
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ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the petitioner/Accused No.2 on bail in Crime No.134 of 2025 of Chodavaram Police Station, Anakapalli District, registered against the petitioner/Accused No.2 herein for the offence punishable under Section 80(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’).
CASE OF THE PROSECUTION:
2. The case of the petitioner, in brief, is that the de facto complainant stated that her parents Nakka Pothuraju and his family members performed the marriage of her sister with Kothapalli Chiranjeevi as per Hindu customs on
09.11.2018. Later, the husband of her sister by name Chiranjeevi addicted consuming alcohol daily and harassed the sister of the de facto complainant for additional dowry. On 26.06.2025 around 12 noon, the sister of the de facto complainant received a phone call from her brother-in-law that her sister was seriously unwell and undergoing treatment at Visakhapatnam KGH Hospital. When they asked Chiranjeevi, he informed that her sister hanged herself in the house. They found severe injuries below the knees and around the neck. There were marks on her neck that appeared to be caused by strangulation with a rope. There was also excess bleeding from the vaginal area. During undergoing treatment, she died. Hence, the crime was registered.
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CONTENTIONS OF THE COUNSEL FOR THE PETITIONER:
3. Sri Khaja Khutubbudin Shaik, learned Counsel for the Petitioner submits that this is the second bail application. The petitioner is innocent and she is falsely implicated in this case. The petitioner was arrested on 03.07.2025. She has been in the judicial custody for the past 68 days. The petitioner is permanent resident of Chodavaram Mandal of Anakapalle District and he undertakes to strictly adhere to any conditions that may be imposed by this Court. In the light of the foregoing, learned counsel prays that the present petition be allowed in the interest of justice.
ARGUMENTS OF THE STATE:
4. Ms.Akhila Naidu, learned Assistant Public Prosecutor, submits that material portion of investigation is completed.
POINT FOR CONSIDERATION:
5. In the light of the case of the prosecution and the contentions of the
learned Counsel for both the sides, now the point for consideration is:
“Whether the Petitioner is entitled for grant of bail?”
ANALYSIS:
6. As seen from the record, this is the second bail application. The petitioner, being the mother-in-law of the deceased, is alleged to have subjected the deceased to cruelty, harassed her with a demand for additional dowry, and caused her death. The petitioner was arrested on 03.07.2025. She
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has been in judicial custody for the past 68 years. This Court on 30.08.2025 dismissed the first bail application vide Crl.P.No.8742 of 2025. Accused No.1, the husband of the deceased and son of the petitioner herein was enlarged on bail by the learned trial Court on 29.08.2025. Material portion of the investigation is completed as submitted by the learned Assistant Public Prosecutor. Hence, the scope of petitioner threatening the witnesses or interfering with the investigation process would not arise. CONCLUSION:
7. Considering the facts and circumstances of the case and the nature and gravity of the allegations levelled against the petitioner/Accused No.2, this Court is inclined to enlarge her on bail with the following stringent conditions: i. The petitioner/Accused No.2 shall be enlarged on bail subject to her executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only), with two sureties each for the like sum each to the satisfaction of learned jurisdictional Magistrate. ii. The petitioner/Accused No.2 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: 12.09.2025 KA
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THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION NO: 9336/2025
Date: 12.09.2025 KA