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High Court of Andhra Pradesh · body

2025 DAILYLAW 6205 (AP)

Gandhaviti Sreevani, v. The State of Andhra Pradesh

CRLP/1213/2025 · 2025-02-12

K Sreenivasa Reddy

body2025

Judgment text

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/ lN THE HIGH COURT OF ANDHRA PRADESH AT AMAR/ WEDNESDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE ~ :PRESENT: THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY , CRIMINAL PETITION NO: 1213 OF 2025 / Between : Gandhaviti Sreevani, W/o.Late Lakshmi Pathi Reddy, Aged about 33 years, R/o>, Dayyalakuntapalli, Bukkaraya samudram, Anantapur District. Petitioner/Accused No.1 AND The State ofAndhra Pradesh, rep. by the public prosecutor, High Court of A. P. , Amaravati. Respondent r Petition under sections 482 of BNSS (old 438 of Cr.P.C), praying that in the circumstances stated in the affidavit filed in support of the criminal Petition, the High Court may be pleased to grant pre`arrest bail to Petitioner herein/ Accused no.1 and direct the station House Officer, Bukkaraya Samudram police Station, Ananthapuram District, to release the Petitioner/Accused No.1 on bail in the event of his arrest in connection with FIR.No. 25/2025 dated 29.01.2025, on the file of the Bukkaraya Samudram, Ananthapuram District. ~ The petition coming on for hearing, upon perusl-ng the petition and the grounds filed in support thereof and upon hearing the arguments of sri M RAVINDRA, Advocate for the petitioner and of PUBLIC .PROSECUTOR for the Respondent and the court made the following; r~ ORDER:- This Criminal Petition, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') has been filed on behalf of the petitioner herein/accused No.1 to grant . anticipatory bail in connection with Crime No.25 of 2025 of Bukkaraya Samudram Police Station, Ananthapuram, Ananthapuram District. 2. A case has been registered against the Petitioner herein/accused No.1 and other accused for the Offence Punishable under section 108 read with 3 (5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity lBNS'). 3. Case of the prosecution, in brief, iS that, One G.Lakshmipathi Reddy (hereinafter referred tO, aS tthe deCeaSed') was working as senior Assistant in RDO Office, Kalyana Durgam, Ananthapuram; that the Wife Of the deceased V,'Z. G.Krishnaveni died 19 years back, due to ailment; that the deceased COntaCted another marriage with the petitioner herein/accused No.1, but they were living separately for the Past 13 years, due tO matrimonial disputes; that the petitioner herein/accused No.1 filed petition seeking decree of divorce and claimed maintenance to a tune of Rs.5,000/- per month; that though the Petitioner herein/accused 5gr-grS- No.1 resumed the marital life with the deceased, due to alleged harassment, the petitioner herein/accused No.1 again left the conjugal home; that though mediation talks were held, they proved futile, and being offended, the deceased committed suicide on 29.01.2025 by hanging himself to a neem tree. The case wa; reported and a case in Crime No.25 of 2025 was registered for the aforesaid offences and investigated into. 4. Heard. Perused the record. 5. A perusal of material on record goes to show that the petitioner is second wife of the deceased and there were matrimonial disputes between the petit-loner herein/accused No.1 and the deceased and due to those disputes, they were living separately for the past thirteen years. The material on record further goes to show that the deceased was paying an amount of Rs.5,00O/- to the petitioner herein/accused No.1 towards maintenance. 6. lt is alleged that the petitioner herein/accused No.1 'along with others, was alleged to have harassed the deceased on the ground that the petitioner herein/accused No.1 would give divorce only on a condition that if she is allotted 50O/o share over the property. Unable to bear the harassment, the deceased took \--- I-_i, a------` the extreme step of committing suicide by hanging himself to a neem tree. 7. In orderto attractan offence punishable undersection 108 of BNS, it is essential that all the ingredients of section 45 of the BNS have to be satisfied. A perusal of the contents of the report lodged by the son of the deceased goes to show that there •' \ were matrimonial disputes between the deceased and the petitioner herein/accused No.1, and the deceased, on the date of the incident, was alleged to have stated to his son that the could not live, wherever he shifts his residence, he had been insulted and he would diel and so saying, the decease-d was alleged to have left the house. A perusal of the statement alleged to be made by the deceased to the informant, who is none other than his son, goes to show that pfi,-ma fac,'e there is no material to connect the I death of the deceased occurred due to humiliation made by the Petitioner herein/accused No.1 and there is any amount of ambiguity as to whether the deceased committed suicide due to humiliation made by the petitioner herein/accused No.1. Therefore, in view of the facts and circumstances of the case, this court is inclined to grant anticipatory bail to the petitioner herein/accused No.1. n \\ •`\\` To, 8. Accordingly, in the event Of arrest Of PetitiOnerS herein/ accused No.1 in the above Cr'lme, She Shall be released On bail On executing a personal bond for a sum of Rs.10,00O/-(Rupees ten thousand only) with two sureties for the like sum each to the satisfaction of the arresting officials, and also on condition that the petitioner herein/accused No.1 shall make herself available for investigation as and when required and that she shall not cause any threat, inducement or promise to the prosecution witnesses. The petit'loner herein/accused No.1 shall appear before the Station House Officer concerned One in a Week ie. On every Saturday between 10.00 a.m. and 1.00 p.m., till filing of the Charge Sheet. 9. Accordingly, the Criminal Petition is allowed. Sdf-i, - tiSrsA\7!.TRil (T;,?3%#R-i I -.h`®%%€\-s`+is*`fr-£G\STR+RARE ForA //TRUE COPY// tSEC 'r !OSN#rdnRErEga. 1. The Station House Offilcer, Bukkaraya Samudram Police Station, Ananthapuram District .2. One CC to SRI. M RAVINDRAAdvocate [OPUC] 3. Two CCs to Public Prosecutor, High Court of AP [OUT] 4. One spare copy KJ HIGH COURT SRK,J DATED: 12/02/2025 BAIL ORDER CRLP.No.1213 of 2025 ALLOWED + t=_RE grbrififex`>\ i..) ,,: iEi % TtB \\\5 T*€ds*RESRE*Spe_se£#£#gRE±ngSgr i ``.`...I * ,,:l';