APHC010501102023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY ,THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 7666/2023 Between: 1. YAKKATI BAJI NARAYANA, S/O.NAGESWARA RAO AGED 31 YEARS, R/O.TOTTEMPUDI VILLAGE PONNUR MANDAL, GUNTUR DISTRICT NOW AT 28 BAYRIDGE DRIVE APARTMENT - K NASHWA HAMPASHIRE STATE, NH-03062 ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Inspector of Police, Disha Women PS Guntur District. Rep.by public prosecutor, High Court of AP, Amaravathi ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records in Crl.M.P.No.68/2023 in Crime No.267/2022 dt.15-03-2023 on the file of the court of the VI Additional Junior Civil Judge, Guntur in confirming the said order in Crl.R.P.No.41/2023 dt.17-07-2023 on the file of the court of the Principal Sessions Judge, Guntur and quash the same as the same are illegal and contrary to law IA NO: 1 OF 2023 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased To grant stay of all further proceedings pursuant to the order in Crl.M.P.No.68/2022 in Crime No.267/2022 dt.16-03-2023 on the file 4of the 2 court of the VI Additional Junior Civil Judge Guntur pending disposal of the above Crl.P. and pass IA NO: 2 OF 2023 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased pleased to permit the petitioner to implead the proposed Respondent No.2 as Respondent No.2 in Crl.P. No.7666/2023 and pass Counsel for the Petitioner/accused: 1. TURAGA SAI SURYA Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR (AP) 3 The Court made the following Order: Learned senior counsel appearing for the petitioner submits that the petitioner is aggrieved by the order passed in Crl.M.P.No.68 of 2023 in Crime No.267 of 2022. The petitioner is presently residing in United States of America (for short “USA”) and is facing allegations for offences under Sections 498-A, 494, 323, 354-C, 506, 342 of IPC and Sections 3 and 4 of Dowry Prohibition Act and Section 66(E) of Information Technology Act. It is submitted that the petitioner while enlarged on bail before arrest, he was directed to appear before the Station House Officer, Guntur Police Station, on every Sunday between 10.00 A.M. to 12.00 P.M., for a period of two months or till filing of charge sheet, whichever is earlier. 2. Learned senior counsel for the petitioner submits that the petitioner attended for eight Sundays and did not realize that the 2nd month had five Sundays. On this ground, the Investigating Officer has filed Crl.M.P. seeking cancellation of bail. It is submitted that the petitioner had to leave to USA as on the day on which he was to appear before the police on 18.12.2022. According to the petitioner, he had attended before the police on eight Sundays and as such he left to USA. 3. Learned senior counsel submits that the offences alleged against the petitioner are all punishable below seven years. 4. Heard learned senior counsel for the petitioner and learned Assistant Public Prosecutor appearing for the State. 4 5. Considering the submissions, the order passed in Crl.M.P.No.68 of 2023 in Crime No.267 of 2022 on the file of VI Additional Junior Civil Judge, Guntur, cancelling the bail of the petitioner is hereby set aside. The Station House Officer, Disha Police Station, Guntur district, is directed to complete the investigation by issuing a notice under Section 35(3) of BNSS. 6. Accordingly, the Criminal Petition is allowed. 7. As a sequel, miscellaneous applications pending, if any, shall stand closed. ______________________ JUSTICE HARINATH.N Date : 25.06.2025 BMS