Extracted from the PDF above. The PDF is authoritative.
. _// ~/ IN THE HIGH COURT OF ANDHRA PRADESH AT AMAR THURSDAY ,THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE :PRESENT:
THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 710 OF 2025 Betwee n : Pikkili Sivamma, W/o Subbarayudu, Aged 37 years, Occ: Housewife, R/o HNo: 1-1, M. Kambaladinne, Myiavaram MandaI, Petl-tioner/A2 The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court ofAndhra Pradesh, Nelapadu, Guntur. AND Respondent Petition under section 482 of BNSS is filed praying that in the circumstances stated in the affidavit filed Ion support of the criminal petition, the High Court may be pleased to enlarge the petI'tiOner/A2 on bail in the event of her arrest in connection with FIR No: 02 of 2025 dated 03.01.2025 on the file of Mylavaram Police Station, YSR Kadapa District. The petition/Appeal coming on for hearing, upon perusing the petition and the grounds filed in support thereof and upon hearing the arguments of Sri M SOLOMON RAJU Advocate for the petitioner, PUBLIC PROSECUTOR (AP) for the Respondent and the court made the following. APHCOI OO34952O25 ELF IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] THURSDAY, THE SIXTH DAY OF FEBRUARY ll^/O THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO.710 OF 2025 Betwee n : Pikkili Sivamma ...PETITIONER/ACCUSED AND The State of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused:
1.M SOLOMON RAJU Counsel for the Respondent/complainant:
1.PUBLIC PROSECUTOR The Court made the following ORDER: This Criminal Petition, under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/A2, seeking anticipatory bail, in connect'[on with Crime No.2 of 2025 of Mylavaram Police Station, YSR Kadapa district. T5E55SSEas3E3Zi=Z'
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2. A case has been registered against the petitioner herein and others for the offences punishable under Sections 126(2), 329(4), 351(2) and 132 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity tBNS'). During` the course of investigation, police added Section 308 of the BNS. 3. Case of the prosecution, in brief, is that the de facfo complainant is working as Executive Officer at'Dandu Maremma Thalli Temple, Kambaladinne village for the past 12 months.
As the pooJ'ariS Of the Said temple namely Thupakula Prillamma and Narasaiah lodged police complaints against each other, he directed them not to visit the temple and he appointed one Padmabhushan Sharma as Poojari. On 29.12.2024, when the staff opened the temple, the said Thupakula Pullamma, Sivamma, Subbarayudu, Siva Sankar and others highhandedly entered into the temple, pulled away the Priests, trampled the method of offering poojas to the Goddess and created terror amongst the devotees. On 03.01.2025 also they did the same thing and beat the de facfo complainant in black and blue. 4. Heard. Perused the record. - --I t=>_i
5. The accusation against the Petitioner herein iS that he along with others forcibly entered into the temple and took away the gifts offered by the devotees and when they were objected, they surrounded the de facfo complainant and behaved high handedly,
6. Learned counsel for the Petitioner Submits that, aS there were disputes between the parties with regard to administration of temple, a ''re~presentation was given to the authorities concerned. He also relied upon G.O.Ms.No.223, Revenue (Endowments-I) Department, dated 09.10.2024, which reads aS follows. llln the circumstances reported by the commissioner of Endowments in the reference read above, Government after Careful examination, hereby issue the following Orders tO all the Departmental authorities for Strict compliance of the statutory provisions in Section 13(1) of the AP Charitable and Hindu Religious Institutions and Endowments Act, 1987 to ensuring autonomy to the temples in the matters of vaidic and Agama issues thereby Preserving the sanctity of customs and traditions of the respective temples without any disturbance. ``.` . 4. I f/
1. AdmI'niStratiVe authorities Of Endowments Department including the Comml'ssioner, Regional Joint CommissI'Oner, Deputy Commissioner or the Assistant Commissioner, who is having Administrative control over the respective temples, shall not interfere with 'the Aagama traditions, Customs and usages of the respective temples in any manner. 2.
ln takl'ng decisions on all important religious matters jncludjng the mode of performing Rl'tuals and Sevas to the del|ties, Fixation of Muhurthams for performance of Yagams, Kumbabhishekams, other Festivals, for proposing introduction of new Sevas and Rituals etc, the opinion of senior most Archakas/Religious staff of the temple shall prevail over, as far as the religious aspects are concerned. For this purpose, the Executive Officers may constitute Vaidic committees with the senior most religious staff of the respective temples jf necessary, in all 6(a) temples. In case any doubt arises or any difference of opinion arises among the members of such committee, then the op-inl'on of Peethadhipathis of renowned peeth`ams \,ch ,
pertaining to that particular Agama can be consulted. However, for this purpose each religious institution shall be considered as a single entity. No religious institution shall be insisted to follow the customs and usage of another religious institution, even on the ground that such other institution is also belong to the same Agama. 3. The Executive authorities concerned shall not interfere in the Rituals and Sevas to the deitI'eS, Fixation of Muhurfhams for performance of Yagams, Kumbabhishekams, other Festivals etc except for the purpose to ensure that no deviation from the Agama traditions, Customs and Usages of that particular temple, is taken place. 2. The Comm|lssioner of Endowments shall take necessary further action in the matter."
7. Learned counsel for th.e petitioner further Subm'ltS that pursuant to the said GO, when there is a dispute with regard tO the said aspect, the petitioner herein, along with others, went into the temple to perform poojas, since they Were q- -+=cmL? Ggiv-,-,-ct4
6 I/ performing poojas since time immemorial and the present false case is foisted aga'lnst them. 8- In view of the aforesaid facts and C'lrCumStanCeS Of the case, this court is inclined to grant anticipa,tory bail to the petitioner herein/A2 on the following COndit'lOnS.
i) ln the event of arrest of the petitioner herein/A2 in the above cr|lme, she shall be enlarged on bail on her 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 satisfact'lon of the concerned Arresting Officer. ii) petitioner shall make herself ava'llable for interrogation by a pol'lce offilcer as and when required, and she sha" not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. iii) petitioner shall appear before the Station House Officer concerned once in a week i.e., on every Saturday between 10,00 AM and 01.00 PM tiH fil'lng Of Charge Shee`t. 9- Accord'lngly, the Criminal Petition iS allowed. ~=-- ' -
7 I/ As a sequel thereto, the miscellaneous petitions, if any, pending 'ln this cr'Iminal Petition shall stand closed. SD/-N.NAGAwifV]A ASSISTANT REGISTRAR //TRUE COPY// SEC"O OFFICER To,
1. The Station House Officer, Mylavaram Police Station, YSR Kadapa District. 2. One CC to SRl. M SOLOMON RAJU Advocate [OPUC]
3. Two CCs to Public Prosecutor (AP) High Court ofA.P., Amaravati [OUT]. 4. One spare copy
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HIGH COURT SRK,J DATED..06/02/2025 BAIL ORDER CRLP.No.710 of 2025 ALLOWED