Domathoti Swarupa Rani v. The State of Andhra Pradesh
CRLP/965/2025 · 2025-02-07
K Sreenivasa Reddy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5490 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5490 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMAR FRIDAY, THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE :PRESENT:
THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 965 OF 2025 Betwee n :
1. Domathoti Swarupa Rani, W/o.Nageswara Rao, aged about 59 years R/o.Anandpet, Machilipatnam, Krishna Distrl'ct Andhra Pradesh
2. lrlapati Gladis Christiyana, W/o.Victor Raj KamaI, Aged about 33 years, Occ-Staff Nurse R/o.Anandpet, Machilipatnam Krishna DI'StriCt, Andhra Pradesh .I.Petitioners/AI3 & A-5 AND The State of Andhra Pradesh, Station House Officer, Chilakalapudi Police Stall-on Krishna District. Rep.by public prosecutor High Court, AmaravathI' ...Respondent Petition under Section 438 of Cr.P.C/ Under Section 482 of BNSS, Praying that in the CI'rCumStanCeS Stated in the memorandum of grounds filed' I'n Support Of the Criminal Petitl-on, the High Court may be pleased to release the petitI-OnerS On bail Ion the event of thel-r arrest in FIR No.236/2024 on the file! of the Station House Officer, Chilakalapudi police statl'on, Krl'shna District Andhra Pradesh The Petition coml-ng on for hearing, upon perusing the petition and the memorandum of grounds filed in support thereof and upon hearing the
arguments of SRI YASWANTH GADE, Advocate for the petI-tiOnerS, and Of PUBLIC PROSECUTOR, for the Respondent;
APHCO10O46282025 EJIE I, lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) [3327] FRIDAY, THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO.965 OF 2025 Between : Domathoti Swarupa Rani and ...PETITIONER/ACCUSED(S) another AND The State Of Andhra ...RESPONDENT/COMPLAINANT Pradesh Counsel for the Petitioner/accused(S):
1.YASWANTH GADE Counsel for the RespondenUcomp[ainant:
1.PUBLIC PROSECUTOR I The Court made^the following ORDER: This Criminal Petition, under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioners/A3 and A5, seeking anticipatory bail, in connection with Crime No.23-6 of 2024 of Chilakalapudi Urban Police Station, Krishna district. < `--. <--==_. ---
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2. A case has been registered against the petitioners herein and others for the offences punishable under Sections 64(1 ), 96 read with 49,137(2) of the Bharatiya Nyaya Sanhita, 2023 (for brevity tBNS'), Section 4 of-the Protection+ of Children from sexual offences Act, 2012 and Sections 9 and 10 of Child Marriage Act.
3. Case of the prosecution, in brl-ef, is that the victim girl has got close acquaintance with Al for ther`last 4 years and both of them fell in love. On ll.ll.2024, Al abducted the victim girl from her house and married her on the same day in a Church, situated at dumping yard, in Machilipatnam fin the presence of elders.
4. Heard. Perused the record.
5. A perusal of the material on record goes to show that all the allegations are directed against the co-accused. The only allegation that has been made as against the petitioners herein is that they are aware of the fact that the victim girl and Al got married. In connection with that, Section 161 Cr.P.C. statement of the victim was also recorded. There were disputes between * -. I _=E=O
6. The petitioners herein filed Crl.MP No.1533 of 2024 for L'® ` grant of anticipatory bail before the Court of the Special Judge for speedy trial of offences under the POCSO Act, 2012, Krishna, Machilipatnam, and the learned Special Judge, by an
order dated o2.01.2025, allowed the Said Petition and granted anticipatory bail to the petitioners herein/A3 and A5 for limited period i.e., till filing of charge sheet on their executing personal bonds for Rs.25,000/-with two sureties for like Sum each tO the satisfaction of the learned Additional Civil Judge (Junior Division)-Gum-Additional Judicial Magistrate of First Class, Machilipatnam. Thereafter, petitioners Were Permitted tO move regular bail application after filing of Charge Sheet.
7. The learned Special Judge, having granted anticipatory bail to the-petitioners herein, ought not to have directed them to seek regular bail after filing of charge sheet.
8. ln view of the aforesaid facts and Circumstances Of the case, this court is inclined to grant anticipatory bail to the petitioners herein/A3 and A5 on the following conditions. --<===|
4 I/ i) ln the event of arrest of the petitioners herein/A3 and A5 in the above crime, they shall be enlarged on bail on their executing personal bonds for a sum of Rs.10,000/-(Rupees Ten Thousand only) each with two sureties of the like sum each tO the satisfaction of the concerned Arresting Officer:- ii) petitioners shall make themselves available for interrogation by a police officer as and when required, and they shall 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) petitioners 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 till filing of charge sheet.
9. Accordingly, the Criminal Petition is allowed. As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition shall stand closed. - For| //TRUE COPY// ``=---3 s--+ \ sD/-G.HELANAIDU ASSISTANT REGIS',TRAR l` ;...` `` `` SECTION OFFICER
To,
1. The Station House officer, chilakalapudi urban poll-ce station, Krishna DI'StriCt, Andhra pradesh.
2. One cc to SRI YASWANTH GADE, Advocate [opuc]
3. Two cos to PUBLIC PROSECUTOR, High court of Andhra pradesh [OUT]
4. One spare copy PSR
I/
HIGH COURT SRK]J DATED :07/02/2025 ANTICIPATORY BAIL ORDER CRLP.No.965 of 2025 ALLOWED A 2 EEB \n15 t¥` frul.? gr¢I,-.t .I.--- ~ .,-fr.