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High Court of Andhra Pradesh · body

2025 DAILYLAW 48322 (AP)

Mamidi Janardhanamma, v. The State of A.P.,

CRLP/4357/2025 · 2025-05-01

T Mallikarjuna Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 4357 OF 2025 Between: 1. Mamidi Janardhanamma, W/o. Late Venkateswara Rao Age. 62 Years, Occ. House Wife, R/o Plot No. 12, Door No. 6-73/37/1, Chandram Palem, P M Palem, Visakhapatnam - 530 041 2. Mamidi Lalitha, W/o. Sri Sampathi Rao Srikanth Venkata Surya Satya, Ag. 44 Years, Occ. Private Service, now in Visakhapatnam, Permanent R/o Building No. 5205, Midnight Court, Parker City, Texus State, United States of America 3. Sampathi Rao Srikanth Venkata Surya Satya, S/o. Sri Mallaiah Age. 49 Years, Occ. Private Service, now in Visakhapatnam, Permanent R/o Building No. 5205, Midnight Court, Parker City, Texus State, United States of America ...PETITIONERS/A-1 to A-3 AND The State of Andhra Pradesh, rep by its Public Prosecutor, High Court at Amaravathi, through its S.H.O;, P M Palem PS, Visakhapatnam City. ...RESPONDENT/COMPLAINANT Petition under Sections 483 (1) (b) r/w 528 BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to relax the condition Nos. 3 and 4 stipulated in para 13 of the order made in CrI.M.P.No. 147 of 2025 in FIR No. 93 of 2025 on the file of the Court of the XVI Additional Judicial Magistrate of First Class, Bheemunipatnam, dated 10-03-2025. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri N. Siva Reddy, Advocate for the Petitioner and the Public Prosecutor on behalf of the sole Respondent. The Court made the following ORDER: APHC010205542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 4357/2025 [3369] Between; Mamidi Janardhanamma, and Others ...PETITIONER/ACCUSED(S) AND ...RESPONDENT/COMPLAINANT The State Of A P Counsel for the Petitioner/accused{S): 1.N SIVA REDDY Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: This Criminal Petition under Sections 483(1 )(b) r/w 528 of BNSS, has been filed by the petitioners/AI to A3, seeking to relax the condition nos.3 and 4 stipulated in paragraph no. 13 of the order made in CrI.M.P.No.147/2025 in F.I.R.No.93/2025 on the file of the learned XVI Additional Judicial Magistrate of First Class, Bheemunipatnam dated 10.3.2025. 2 % The above said crime was registered against the petitioners/A1 to 2. A3 initially for the offence punishable u/Secs.336(2), 340(1) r/w section 3(5) of B.N.S and later section 338 of B.N.S was added. On the bail application filed by the petitioners/AI to A3, learned XVI 3. Additional Judicial Magistrate of First Class, Bheemunipatnam allowed the bail application vide CrI.M.P.No.147/2025 on 10.3.2025 with some conditions and the same were extracted as under: In the result, the petition is allowed with the following conditions. The petitioners/Accused No.1 to 3 are ordered to be enlarged on bail, on execution of self bond for Rs.50,000/- each with two sureties for like sum each. The petitioners/A1 to A3 shall not tamper the evidence nor threaten the prosecution witnesses in any manner. The petitioners/A1 to A3 shall assist the investigating agency and cooperate for investigation and shall attend before the SHO, PM Paiem PS for a period of 2 months i.e. on every Saturday without fail. The petitioners/Accused no.1 to 3 shall not leave the country without obtaining prior permission of this Court. If the petitioners/A1 to A3 violates the above conditions, they are entitled for cancellation of bail. I. II. III. IV. As the petitioners intend to leave the country, this application was filed seeking for relaxation of condition nos.3 & 4 in the above said order. Learned counsel for the petitioners submit that petitioners 2 and 3 are residents of United States of America and they have to attend their employment there at United States of America, as such prays to relax the 4. 5. conditions. % 3 Learned Assistant Public Prosecutor submitted that the petitioners 6. are complying the conditions imposed on them without any deviation. Considering the submissions made and on perusal of the record, it 7. seems that the presence of the petitioners is not required to conduct further investigation, as such this Court intends to relax the said conditions. In the result, the condition No.3 stipulated in paragraph No.13 in 8. the order made in CrI.M.P.No.147/2025 in Cr.No.93/2025 on the file of the XVI Additional Judicial Magistrate of First Class, Bheemunipatnam, is hereby relaxed. With regard to condition No.4, the Petitioners are at liberty to file appropriate application before the jurisdictional Court. The other conditions in the order shall remain unaltered. 9. Accordingly, the Criminal Petition is disposed of. Sd/- P.U.V.BHASKAR RAO ASSISTANT REGISTRAR //TRUE COPY// f^SECTION OFFICER To 1. The Station House Officer, P M Palem Police Station, Visakhapatnam District. 2. One CC to SRI. N. SIVA REDDY Advocate [OPUC] 3. Two CC to Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. [OUT] 4. Three CD Copies Chp PRK HIGH COURT DATED:02/05/2025 ORDER CRLP.No.4357 of 2025 DISPOSING OF THE CRIMINAL PETITION