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2025 DAILYLAW 44036 (AP)

VANGAVETI BHAGYAREKHA @ AMRUTHA v. THE STATE OF ANDHRA PRADESH

CRLP/3703/2025 · 2025-04-27

T Mallikarjuna Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

I. Ei - lN THE HIGH £OURT OF ANDHRA PRADESH AT AMARAVAff MONDAY, THE TWENTY EIGHTH DAY OF APRIL, TWO THOUSAND AND TWENTY FIVE :PRESENT: HONOURABLE SRI JUSTICE I MALLIKARJUNA RAO CRIMINAL PETITION NO: 3703 OF 2025 Between : I/Vzangaveti Bhagyarekha @ Amrutha, D/o. Late Venkateswara Rao, Age 29 years, R/o. D. No.1-62-18, Sector-Il, MVP Colony, VI-Sakhapatnam. 2/Mannemdora chandrasekhar, s/o. venkateswara Rao, Age 35 years, D. No. 2-3, Bank Street, Deva Village, Penugonda MandaI, West Godavari ...Petitioner/Accused No.1 & 2 AND The State ofAndhra pradesh, Rep. by publ]'c prosecutor, Rep. by station E= House officer, Muwalavanjpalem polI'Ce Station, Vl-sakhapatnam. ...Respondent/complaI-nant petitI-On under Section 437 & 439 of Cr.P.C (Old Section) under section 480 & 483 of BNSS, 2023 is fI'Ied prayl-ng that in the cl-rcumstances stated I-n the memorandum of grounds of criminal petition, the High Court may~be pleased to enlarge the petitioners/Accused Nos.1 and 2 on Regular Bail in cr.No.42 of 2025, dated 24-01-2025, On the file of Muwalavanipalem police station, visakhapatnam,- The petj{ion coml'ng on for hearing, upon perusing the petition and memorandum of grounds of criml-hal petition and upon hearing the arguments of sri s.Bala Mohan Ranga, Advocate for the petitioners and PublI'C Prosecutor for the Respondent; LL- ORDER: ~® THE HON7BLE SR]`JUSTICE T|MALLIKARJUNA RAO CRIMINAL PETITION No.3703 of 2025 This Cr-lminal F>etition under Sections 480 and 483 of B.N.S.S., has been filed by the petitioners/Al and A2, seeking regular ba'll in cr.No.42/2025 of Muwalavanipalem Police Station, Visakhapatnam Commissionerate. 2. The above sa'ld crime was registered against the Pet-ltiOnerS/Al and A2 for the offence punishable u/Sec.318(4), 319(2), 336(3), 340(2), 351(2), 61(1) r/w 3(5) of B.N.S. and Section 21(1)(2)(3), 22, 23 of the Banning of unregulated Deposit Schemes, 2019 (for short fthe BUDS Act'). 3. Case of the prosecution, in brief, iS that, On 24.01.2025 at about ll,00 am, one Rowthu Madhu presented a complaint that the accused cheated him by making him to believe that the accused are working at Joint Commissioner office aS HCR and they can arrange house under Government scheme to female Only, if he arrange an amount Of Rs.80,00O/-towards expenditure, On that the defaC{O COmPlainant gave his wife and mother's aadhar card xerox along with signature and he paid the amount of Rs.80,000/- by phone Pay by instalments and Waited for sanction of the house. Thereafter the accused POStPOned the matter some times, as such the defacto complainant went {o the house of the accused ` `-,.-`-` €`-- ctl? J< ha. - t ~/ and asked to return their amount. Then the accused threatened the defacto complainant that they will file false cases against him. 4. Learned counsel for the petitioners `contended that the petitioners are in judicial custody from 25.01.2025 and most of the investigation is completed and after expiry of statutory period, police have not filed charge sheet, as such the petitioners are entitled for statutory .bail. 5. On the other hand, learned Assistant Public Prosecutor also confirms non-filing of charge sheet by the police even after statutory period is completed, but opposed to grant bail. He further-submitted tha{'no antecedents are reported against the petitioners. 6. Heard both sides. 7. The petitioners are wife and husband. They have been in remand since 25.01.2025, this Court, views that most of the investigation concerning the role of the petitioners in the commission of the offence has likely been concluded. l{ has been submitted that the petitioners are permanent residents of visakhapatnam and there is no credible apprehension of their fleeing away from justice. Additionally, since most of the witnesses are officialJ the release Of the Petitioners WOuld not impede the investigation or tamper with the evidence and also after completion of statutory period, police have not filed charge sheet. stFFFf5P55aB» 8. ln View Of the aforesaid facts and Circumstances Of the Case, this court is inclined to grant bail to the pet-ltioners/Al and A2 with the following conditions. (i) The petitioners/Al and A2 herein Sha" be released On their executing a personal bond for Rs.50,000/- (Rupees fifty thousand only) each with two sureties for a like sum each to the satisfaction of the learned special Judge for Ira" Of Cases under Banning Of Unregulated Deposit Schemes, 2019-Gum- District and Sessions Judge, VisakhaPatnam; (i-I) on release, the lst petitioner/Al sha" appear before the station House Officer concerned aS and When She Was directed and the 2nd petitioner/A2 shall appear before the station House Officer concerned Once in a Week in between 10.00 am and 1.OO pm for a Per'lOd Of three months; (iii) the petitioners shall not tamper with the evidence and hamper the investigation and shall cooperate for I,nvestigation. Accordingly, the Criminal Petition is allowed. ` a.I I.I sol-A. V\isAifti\i-:_B.^\Brft±5¥ 'i .._i )=L_I-.i ~e+<-i* //TRUE COPY// Fl .+-.._± _i ju.__ _ _-,-Y SEC+IOfy SgFF To!1,,,The Speclal Judge for Trlal of Cases under Bann[ng Of Unregulated Deposit Schemes, 2019 -Gum-Princ-lPal District and Sess'lonS Judge, visakhapatnam. 2r The Superintendent, Central Jail, VisakhaPatnam 3. The Station House Officer, MuwalaVanlPalem Police Station, r visakhapatnam. 4. One CC to Sri. S.Bala Mohan Ranga, Advocate [OPUC] 5. Two CCs to Public Prosecutor, High Court of AP [OUT] / 6.,One spare COPY MM HIGH COURT TMR,J DATED :28/04/2025 ORDER CRLP.No.3703 of 2025 ALLOWED 28 AP8'Jl)ZO # d . . `t`.\¢.`.` `*± ` I-:a«ne`,..i_6.I-Aa `1-.,--. ,I _,l` ` .|^'l I,,ho ..I l||..J*