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High Court of Andhra Pradesh · body

2025 DAILYLAW 5346 (AP)

BOTTA BORRAYYA v. THE STATE OF ANDHRA PRADESH

CRLP/913/2025 · 2025-02-06

K Sreenivasa Reddy

body2025

Judgment text

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IN THE HIGH COURT-,OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE SIXTH DAY OF FEBRUARY, TWOTHOUSANDANDTWENTYFIVE ~ :PRESENT: THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 913 OF 2025 Betwee n : Botta Borrayya, S/o. Appala Naidu, aged about 33 years, R/o. D.No.5-93/4, Peddanaidupalem, Aganampudl', visakhapatnam, visakhapatnam District, A.P. ...PetI-tiOner/Accused No.1 AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh. ...Respondent Petition under section 437 & 439 of Cr.P.C., and Section 480 & 483 of BNSS, is filed 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 No.1 on baI'l Pending disposal Of Crime No. 408/2024 of Duvvada P.S., Vl'sakhapatnam District. The petition coming on for hearing, upon perusing the petition and the grounds filed in support thereof and upon hearl'ng the arguments of M/s Gollapalli Maheswara Rao, Advocate for the petitioner and of public prosecutor for the Respondent, the court made the followl-ng ~ I [3327] THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 913/2025 Between : Botta Borrayya -.PETITIONER/ACCUSED AND The State Of Andhra ...RESPONDENT/COMPLAINANT Pradesh Counsel for the Petitioner/accused: 1. GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following ORDER: This Criminal Petition, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/A1, seeking regular bail, 'ln Crime No.408 of 2024 of Duvvada Police Station, Visakhapatnam Commissionerate. z,, ram-I 2 JJ 2. A case has been registered against the petitioner herein and another for the offences punishable under sections 109(1), 85 read with 3(5) of the Bharatiya Nyaya sanhita, 2023 and Sectl'ons 3 and 4 of the Dowry Prohibition Act. 3. Case of the prosecutl'on I-s that, marriage between the c/e facfo complainant and Al was performed about 6 years prI®Or tO the lodging the report. At the time of marriage, parents of the de faofo complainant gave cash of Rs.5,50,000/- and Two Tulas of Gold towards dowry. Later, Al and his mother A2 started harassing the de racfo complainant both mentally and physically demanding addI'tiOnal dowry. Then she lodged a report, vl'de Crime No.8 of 2022 of Duwada Police Station. Later, Al and A2 promised to look after the de facfo complainant properly and brought her to theI'r house I'n the month of June 2024. But, Al and A2 continued their harassment within one month and threatened her to withdraw the case registered against them, for which she denied. Al used to come to the house I-n a drunken state and beat the cye facfo complainant, and A2 used to abuse her. On 28.ll.2024, at about o8.OO AM, Al and A2 intentionally entered into an altercation with the de facfo complainant and Ei.ii= L§. cE c-J--"I 4. Heard. Perused the record. 5. A perusal of the material On record goes tO Show that the petit'loner herein is husband of the de facfo complainant and there are disputes between them. Earlier, pursuant tO a report lodged by the defacto complainant, a case was registered against the petitioner herein for the offence punishable under section 498-A IPC. Subsequently, they compromised the matter and started living together. lt is alleged that the petitioner herein started harassing the de facto complainant to w'lthdraw the case wh-ICh Was registered against h'lm. When she refused the Same, the petitioner here'ln used to consume alcohol and beat the de facfo complainant regularly. lt is also alleged that on 28.ll.2024, at about 08.00 AM, the petitioner herein and his mother quarreled with the de facfo complainant ®lntentionally and thereafter the mother of the pet'ltioner forcibly caught her and Al tr-led tO lit fire her night Wear. In the said inC-ldent, it iS alleged that the de facfo complainant sustained minor injuries, wh'lch are simple in nature. 37, 4 ~/ 6. petI'tiOner herein was arrested on 20.12.2024 and sl'nce then he Its Ion judjcI.al remand. According to the learned Assistant public Prosecutor major portI-On of jnvestjgatI-On has been completed and the charge sheet could not be filed for want of receipt of RFSL report. 7. In view of the aforesaid facts and circumstances of the case, thI-S Court I®S inclined to grant ba" to the petitioner/Al on the following conditions. i) The petitioner/Al shall be released on ba" on his executing a- personal bond for Rs.10,000/- (Rupees Ten Thousand only) wI'th two suret,-es of the like sum each to the satI-SfaCtiOn of the learned sessions Judge, Mahjla Court, Visakhapatnam. ii) on release, the petitioner shall appear before the station House officer concerned, once lan a week i.e., on every saturday between 10.00 am and o1.00 pm, till fl'Ijng of the charge sheet. ''ii) petl'tioner sha" make himself available for interrogation by a police officer as and when required, and he sha" not, directly or I'ndirectly, make any l'nducement, threat or promI'Se tO E= `\\ 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. iv) Petitioner shall not go to the place where the de facfo COmPIainant is residing. v) In any event, if the petitioner herein threatens the de facfo complainant, she is at liberty to file a complaint against the petitioner herein. 8. Accordingly, the criminal petition is allowed. //TRUE COPY// ®bm SD/- V.SAVITHRI GOWRl ASSISTAN :lE,F I STRAR OFFICER Tol 1. The Sessions Judge, Manila court, vI-Sakhapatnam. 2. The Superintendent, central Jail, VI-Sakhapatnam, Vl-sakhapatnam Djstrjct. 3. The Station House officer, Duwada police stall-on, vI'Sakhapatnam District. 4. One CC to SRI GOLLAPALLI MAHESWARA RAO Advocate [opuc] 5. Two ccs topuBLIC PROSECUTOR, High court of A.P., Amaravati.[ouT] 6. One spare copy. PSD r< i_-_-_* r/ HIGH COURT SRK,J DATED:06/02/2025 BAIL ORDER CRLP.No.913 of 2025 ALLOWED