Syed Khaja Sami Ahmed v. The State of Andhra Pradesh
CRLP/10304/2025 · 2025-10-13
Y Lakshmana Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 34370 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 34370 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARA$A0, \ TUESDAY, THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE iPRESENT;
HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITIOI^ NO; 10304 OF 2025 ^ My: !9, H' u tai f 1 4-. 6 Vi. Between: Syed Khaja Sami Ahmed, S/o. Khaja Siraz @ Siraj Muslim, Aged 35 Years R/o. D.No.28-2-716, Netha Nagar, Near SVR High School, SPSR Nellore District. j / .. .Petitioner/Accused AND The State of Andhra Pradesh, Rep By its Public Prosecutor, High Court of Andhar Pradesh, Amaravathi through Station House Officer Police Station, Nellore. Dargamitta j ...Respondent/Complainant Petition under Section 480 & 483 of BNSS is filed, praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioner bail in mentioned Crime No. 166/2025 registerecUby the Dargamitta Police Station, Nellore, under Sections, 498A, 324, 3oT, 506 R/w 34 of I.P.C in the interest of justice. The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof/and upon hearing the
arguments of SRI AMANCHARLA SATISH BABU ^vocate for the Petitioner and of PUBLIC PROSECUTOR for Respondent, and the Court made the following on }
ORDER:
2
ORDER: This criminal petition has been filed, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to enlarge the petitioner- accused No. 1 on bail in crime No. 166 of 2025 of Dargamitta Police Station, ! S.P.S.R. Nellore District, registered' for the offences punishable under Sections 498-A, 324, 307 and 506 read with Section 34 of the Indian Penal Code (for short, 'the I PC') and Sections 3 and 4 of Dowry Prohibition Act. 2. Heard learned counsel for the petitioner-accused No. 1 and learned Assistant Public Prosecutor appearing for the respondent-State. 3. Wife of the petitioner-accused No. 1 lodged a complaint against his husband and his relatives alleging that they not only harassed and subjected her to cruelty but also conducted some witchcraft on the son of the petitioner and de facto complainant. In that milieu, their son was allegedly subjected to burning injuries. 4. The police registered the complaint of de facto complainant as a case in crime No. 166 of 2025 for the alleged offences punishable under Sections 498-A, 324, 307 and 506 read with Section 34 of the IPC and Sections 3 and 4 of Dowry Prohibition Act on 07-09-2025. The Sub Inspector of Police, Dargamitta Police Station, registered the offences under the provisions of the IPC. Now, the IPC is no longer in force. The Sub Inspector of Police ought to have registered the offences under the provisions of the Bharatiya Nyaya Sanhita, 2023. In this regard, the Superintendent of Police, S.P.S.R. Nellore
3 District, is directed to look into this aspect and conduct educational training programme to all the Station House Officers of S.P.S.R. Nellore District. Be that as it may, so far, six witnesses are examined. They are all material witnesses. The petitioner wis arrested on 09-09-2025. He has been in judicial custody for the past 36 days. The petitioner is permanent resident of Netha Nagar, Nellore, S.P.S.R. Nellore District. He has got fixed abode. If certain stringent conditions are imposed while enlarging the petitioner on bail, ends of justice would be met. 5. 6. Accordingly, this Court is inclined to enlarge the petitioner-accused No. 1 on bail with the following stringent conditions: (i) The petitioner-accused No. 1 shall be enlarged on bail subject to his executing a bond for a sum of Rs.
1,00,000/- (Rupees one lakh only) with two sureties for the like sum each to the satisfaction of learned V Additional Judicial Magistrate of I Class, Nellore; (ii) The petitioner-accused No. 1 shall appear before the Station House Officer, Dargamitta Police Station, on each and every day till filing of charge sheet; (iii) The petitioner-accused No. 1 shall make himself available for investigation as and when required; (iv) The petitioner-accused No. 1 shall not cause any threat, inducement or promise to the prosecution witnesses;
4 (V) The petitioner-accused No. 1 shall surrender his passport, if any, to the investigating officer. If he claims that he does not have passport, he shall submit an affidavit to that effect to the Investigating Offiper; The petitioner-accused No. 1 shall not leave the limits of S.P.S.R. Nellore District without the prior permission from the investigating officer; and The Superintendent of Police, S.P.S.R. Nellore District, is
directed to monitor the movements of the petitioner- accused No. 1 and submit a report to learned Public Prosecutor once in a month. The criminal petition is allowed. (Vi) (vii)
7.
SDI- K. KASiRAO ACHARl ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Station House Officer, Dargamitta Police Station, Nellore.
2. The Vth Additional Judicial Magistrate of First Class, Nellore.
3. The Superintendent, Nellore Central Jail, Nellore.
4. One CC to Sri. Amancharla Satish Babu, Advocate [OPUC]
5. Two CCs to Public Prosecutor, High Court of Andhra Pradesh. [OUT]
6. One spare copy KN
HIGH COURT DR.YLR,J DATED: 14/10/2025
ORDER CRLP.No.10304 of 2025 ALLOWED f.
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