Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 4070 (AP)

GOINAINI ESWARA RAO v. THE STATE OF ANDHRA PRADESH

CRLP/529/2025 · 2025-01-29

K Sreenivasa Reddy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

. . lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA I, WEDNESDAY ,THE TWENTY NINETH DAY OF JANUARYi:;y TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 529 OF 2025 Between : AND [3327] Goinaini Eswara Rao, S/o. Radhakrl-shna, aged 31 years, ST Bhagatha, MGNREGS Technical Assistant, Munchingiput Mandal, R/o. Vanchedl'puttu vI'llage, ASR District. Petitioner/Accused The State of Andhra pradesh, (pedabayalu poII'Ce Station) Represented by the publl-c prosecutor, High Court of Andhra Pradesh, Amaravati, Guntur District. Respondent/complal-nant petitl'on under section 480 & 483 of BNSS, 2023 is fl'led praying that l'n the circumstances stated I|n the affidavit filed in support of the criminal petjtjon, the High Court may be pleased to direct release of the petI'tI'Oner/accused on Bail pendI'ng enqul'ry and trial in connection wl'th Cr.No.56/2024 of Pedabayalu Police Station. |' The petitl'on/Appeal coming on for hearing, upon perusing the petition and the grounds filed jn support thereof and upon hearl'ng the arguments of sri ARRABOLU SAI NAVEEN Advocate for the petitioner, PUBLIC PROSECUTOR (AP) for the Respondent and the court made the following i __I, r-A i_--L-, r, HON'BLE SRI JUSTICE KI SREENIVASA REDDY Criminal Petition No.529 of 2025 i-_ Order: This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the petitioner/accused, seeking regular bail, in Crime No.56 of 2024 of Pedabayalu Police Station, Alluri Sitharama Raju District, registered for the offences punishable under Sections 69 and 351(3) of the BNS. 2. Case of the prosecution, in brief, is that on 28.ll.2024, the defacto complainant filed a report before the police stating that she is a native of Y.BodnapaIIi Village of Pedabayalu MandaI; she worked as a Staff Nurse at Gitam Hospital in Visakhapatnam since 2020. The accused works as MGNRGS Technical Assistant at Munchingiput MandaI. He allegedly deceived, threatened and promised to marry the defacto complainant. Later, the accused reneged on his promise, had multiple instances of nonconsensual sexual intercourse with her and took Rs.30,000/- from her. When he stopped answering her phone calls, she inquired about him and came to know that he was engaged to someone else. 3. Heard. Perused the record. 4. A perusal of the material on record goes to show that the defacto complainant and the petitioner herein are in relation with each other and they are continuing their relationship for the past four .` . J/ HON'BLE SRI JUSTICE K. SREENIVASA REDDY Criminal Petition No.529 of 2025 I___.-1 -,-P Order: This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the petitioner/accused, seeking regular bail, in Crime No.56 of 2024 of Pedabayalu Police Station, AIIuri Sitharama Raju District, registered for the offences punishable under Sections 69 and 351(3) of the BNS. 2. Case of the prosecution, in brief, is that on 28.ll.2024, the defacto complainant filed a report before the police stating that she is a native of Y.Bodnapalli Village of Pedabayalu Mandal; she worked as a Staff Nurse at Gitam Hospital in Visakhapatnam since 2020. The accused works as MGNRGS Technical Assistant at Munchingiput Mandal. He allegedly deceived, threatened and promised to marry the defacto complainant. Later, the accused reneged on his promise, had multiple instances of nonconsensual sexual intercourse w'lth her and took Rs.30,000/- from her. When he stopped answering her phone calls, she inquired about him and came to know that he was engaged to someone else. 3. Heard. Perused the record. 4. A perusal of the material on record goes to show that the defacto complainant and the petitioner herein are in relation with each other and they are continuing their relationsh-lp for the past four E= I/ years. It is alleged that they had nonconsensual sexual intercourse since 2021. Thereafter, when the petitioner stopped answering the phone calls of the defacto complainant, she resorted in filing the Present complaint as against the petitl'oner herein. The petitioner herein was arrested on o3.12.2024 and since then he has been in judicial custody. It is submitted by the learned Assistant public Prosecutor that major portion of the investigation has been completed. 5. In view of the aforesaid facts and circumstances of the case, this Court is inclined to consider request of the petitioner herein for grant of bail. 6. Accordingly, the Criminal Petition is allowed. The petitioner herein shall be released on bail on his executing a personal bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) with two sureties of the like sum each to the satisfaction of the learned Judicial Magistrate of First class, Paderu. Petitioner shall appear before the station House Officer concerned every sunday between 10.00 AM and 5.00 PM till filing of the charge sheet. Sd/-N. NAGAMMA ASSI //TRUE COPY// STRAR To, FFICER 1. The JudicI'al Magistrate of First class, Paderu, vlsakhapatnam District 2. The V" Additional District & sessions Judge, Visakhapatnam. 3. The Superintendent, visakhapatnam central Prison, visakhapatnam. 4. The S.H.O., Pedabayalu polI'Ce Statio, AIIurI' Sitharama Raju DI'StriCt. 5..ct, One CC to SRl. ARRABOLU SAI NAVEEN Advocate [opuc] 6. Two CCs to Public Prosecutor (AP) High Court ofA.P., AmaravatI- [OUT]. 7. One spare copy HIGH COURT SRK,J DATED:29/01 /2025 BAIL ORDER CRLP.No.529 of 2025 ALLOWED