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2025 DAILYLAW 42355 (AP)

DUDEKULA REHAMTULLA v. The State of Andhra Pradesh

CRLP/9399/2025 · 2025-11-13

Y Lakshmana Rao

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

i. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE FOURTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE iPRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9399 OF 2025 Between: Dudekula Rehamtulla, S/o. Mohammadali Zinna, Aged about 33 years, r/o.D.No.2/109, Cumbum, VTC Cumbum, Prakasam District, Andhra Pradesh-523333. ... Petitioner/Accused AND 1. The State of Andhra Pradesh, Rep.by Public Prosecutor, High Court of Andhra Pradesh, at Amaravathi. 2. XXXXXXXX Note; Respondent No.2 is impleaded as per the Court’s Order dated 24/09/2025 in I.A.No.1/2025 in CRL.P.9399-2025. ...Defacto Coniplainant/Respondent2 Petition under Section 482 of BNSS, praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge the petitioner/Accused on bail in the event of his arrest in Cr.No. 126/2025 on the file of Cumbum PS, dated 16-08-2025, U/Sec. 69 of BNS Act. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and the order of the High Court dated:17.09.2025, 24.09.2025 & 31.10.2025 and upon hearing the arguments of Sri.DEVARAYALU B M Advocate for the Petitioner, PUBLIC prosecutor for the Respondent efnd the Court made the following: He'I APHC010475452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE FOURTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9399/2025 Between: Dudekula Rehamtulla ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1.DEVARAYALU B M Counsel for the Respondent/complainant(S): 1.MARUPILLI SARADA 2. PUBLIC PROSECUTOR 3. LEGAL AID The Court made the following: ORDER: The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023^ by the Petitioner /Accused for granting of pre-arrest bail in connection with Crime No. 126 of 2025 of Cumbum Police the BNSS , 2 Station, Prakasam District, registered for the alleged offences punishable under Section 69 of the Bharatiya Nyaya Sanhita, 2023^. Heard the learned Counsel for the Petitioner and legal aid counsel for the 2^^ respondent and the learned Assistant Public Prosecutor. 2. 3. As seen from the record, the petitioner is working as ASI/Pharmacist at BSF Headquarters, Trehgam, Kupwara, Jammu and Kashmir. The engagement ceremony between the petitioner and the 2"'^ respondent was performed on 02.12.2023. It is alleged by the de-facto complainant that after the engagement, whenever the petitioner visited the village, he used to meet the de facto complainant and had sexual intercourse with her by inducing her. The de-facto complainant further alleged that they finally met physically on 24.10.2024. The grievance of the de facto complainant is that the petitioner, without marrying her, entered into another marriage with Faqrunissa on 06.11.2024. Due to certain disputes between the families of the petitioner and the de-facto complainant, the complainant took nearly ten months to lodge the report. The alleged last offence was committed on 24.10.2024, whereas the de facto complainant lodged the report with the police on 16.08.2025. 4. Considering the facts and circumstances of the case, the gravity and nature of the allegations levelled against the Petitioner/Accused, this Court is inclined to grant pre-arrest bail to the Petitioner/Accused. 5. In the result, the Criminal Petition is allowed with the following conditions: ^the I.P.C 3 In the event of arrest of the Petitioner/Accused he shall be enlarged on bail subject to him executing a bond for a sum of Rs 25 000/- (Rupees Twenty Five Thousand Oniy), wit Lretii for the iike sum each to the satisfaction of the arresting poiiceofficials^r/A(,cused shall make himself available for investigation as and when required; ^ The Petitioner/Accused shall not cause any threat, indu nromise to the prosecution witnesses; ^ Petitioner/Accused shall cooperate with the investigation officer in further investigation; The Petitioner/Accused shall appear Court on each and every adjournment; Andhra Petitioner/Accused shall not leave the State of Andh Pradesh limits without the express permission from the Station House Officer concerned. ^ -r ,. Pefitioner/Accused shall surrender his passport, if any, t investigating officer. If he claims that he does not have a passport, he shall submit affidavits to that effect to the Investigating Officer. I. The II. III. or The IV. before the learned Trial V. The VI. The VII. SD/- G.HELANAIDU DEPUTYrREGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The State of Andhra Pradesh, Rep.by Public Prosecutor, High Court of Andhra Pradesh, at Amaravathi. 2. The Station House Officer, Cumbum Police Station, Prakasam District. 3. One CC to SRI. DEVARAYALU B M Advocate [OPUC] 4. One CC to Ms.M.Sarada, Advocate [OPUC] (BY SPECIAL MESSENGER) 5. Two CCS to SRI. PUBLIC PROSECUTOR, High Court of A.P [OUT] 6. One spare copy HIGH COURT DR.YLR.J DATED:14/11/2025 BAIL ORDER CRLP.No.9399 of 2025 //O ^ j ^ { <c? d3 E f ALLOWED -I k NDU JUS *