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High Court of Andhra Pradesh · body

2025 DAILYLAW 7262 (AP)

MEKA HARIBABU v. THE STATE OF ANDHRA PRADESH

CRLP/1536/2025 · 2025-03-28

K Suresh Reddy

body2025

Judgment text

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JZZ7Z? . / IN THE HIGH COURT OF ANDHRA PRADESH AT AM FRIDAY, THE TWENTY EIGHTH DAY OF MARC TWO THOUSAND AND TWENTY FIVE :PRESENT.I THE HONOURABLE SRI JUSTICE K SURESH RED CRIMINAL PETITION NO.I 1536 OF 2025 Between : E= . Meka Haribabu, s/o Ramarao, aged 32 years, R/o 7-228, Mala PaJIi, Panguluru, Janakavaram, prakasam District, Andhra Pradesh-523261. ...Petitioner/Accused-1 AND 1. The State ofAndhra Pradesh, Rep, by I-ts public Prosecutor, High Court of AP at Amaravathi Through station House Officer, J.Pangulur police Station, prakasam Dl'strict, Andhra pradesh. 2. Kongala KohI'n, C/o. Haribabu Meka, Aged 25 years, R/o.7-228, Mala palli, panguluru, Janakavaram, prakasam Distrl'ct, Andhra Pradesh - 523261. (Respondent No|2 is impleaded as per the court order dated o5.03.2025 in I.A.No.1 of 2025 in CrI.P.No.1536 of 2025.) ...Defacto complainant/Respondents petition under section 482 of BNSS, (u/s 438 of Cr.P.C), is filed praying that in the cl'rcumstances stated in the grounds fl'led in support of the criminal petition, the High Court may be pleased to dI-reCt the SHO of J.Pangulur police station to release the petitioners on bail jn the event of their arrest jn crime No. 80/2024, dated 24/05/2024 at J.Pangulur Police Station, Prakasam under sections 498-A, 323, 324 IPC 3 & 4 DPA against the petl'tioner in the 1-nterest of justice. The petition coml'ng on for hearing, upon perusing the petition and the grounds filed in support thereof and upon hearing the arguments of M/s Na!Ianagula Laljtha Sree, Advocate for the petit!'oner and of public prosecutor for Respondent No.1, the Court made the following APHCO10071742025 lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY CRIMINAL PETITION NO: 1536/2025 Between : Meka Haribabu [3239] ...PETITIONER/ACCUSED AND The State ofAndhra Pradesh ...RESPONDENT/COMPLAINANT(S) and another Counsel for the Petitioner/accused: 1. NALLANAGULA LALITHA SREE Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR 2.DHEERA KANISHKA The Court made the followin order: Accused No.1 in Crime No.80 of 2024 of J.Pangulur Police Station, Prakasam District, filed the present criminal petition seeking anticipatory bail. The said crime was registered for the offences under Sections 498-A and 323 IPC and Sections 3 and 4 of the Dowry Prohibition Act and subsequently, Section of Law was altered to Section 326 IPC. 2. The case of the prosecution is that the marriage between the c/e facfo complainant and A-1 was performed on 19.08.2022. lt is alleged that at the time of marriage, an amount of Rs.10 lakhs cash and 24 grams of gold was given towards dowry. After the marriage, the c}e `--.32sz¢Z¢ I racfo comp]ainant joined the matrimonial home. The petitioner is working as SGT in ZPH School, Donakonda. lt is further alleged that the petitioner was addicted to bad vices and used to come to the house in a drunken stage. The petitioner also insisted the de faCfO complainant to do a job. He used to beat her demanding to execute the house property from the parents of the de facto complainant in the name of the petitioner. while so, on 23.05.2024 in the late night, the petitioner came in a drunken stage and quarreled with the c/e facfo complainant and beat her with hands and legs and also with a stick and the de facfo complainant received injuries. Thereafter, she was admitted in GGH, Ongole by her parents. On the basis of the said allegations, the said crime was registered. 3. Learned counsel for the petitioner contends that the incident iS an outcome of domestic quarrel between the wife and the husband. He further contends that though the crime was registered on 24.05.2024 under section 498A, 323 and 324 lPC and Sections 3 and 4 of the Dowry Prohibition Act, the offence was altered tO Section 326 lPC after six months from the date of registration of the crime. The de facfo complainant, taking advantage of the small incident, is trying to magnify the offence under section 326 lPC. As such, he request to grant anticipatory bail to the petitioner. 4. On the other hand, learned counsel for the 2nd respondent/de facfo complainant opposed the bail application. He contends that there J is a every threat to the life of the c/e facfo complainant in the hands of the petitioner. He also contends that the de facfo complainant received grievous injury. As such, he opposed the anticipatory bail application. 5. Be that as it may, as the incident is an outcome of domestic quarrel between the wife and husband and as Section 326 lPC was introduced after six months from the date of registering the crime, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions: i) The petitioner/A-1 is directed to surrender before the Station House Officer, J.Pangulur Police Station, Prakasam District, on or before 10.04.2025. On such surrender, the Station House Officer, J.Pangulur Police Station, Prakasam District, is directed to release the petitioner/A-1 on bail on his executing a personal bond for a sum of Rs.1O,000/-(Rupees Ten Thousand only) with two sureties for the like sum each to the satisfaction Of the Station House Officer, J.Pangulur Police Station, Prakasam District. ii) The petitioner shall make himself available for interrogation as and when required, and he 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 them from disclosing such facts to the Court or to any police officer. iii) The petitioner is further directed not to threaten the prosecution witnesses and not to pressurize the c}e facfo complainant for compromise. 6- Accordingly, the criminal petition is allowed, As a sequel ther.eto, miscellaneous Petitions Pend'Ing, if any, shall stand closed. 3. Two cos topuBLIC Amaravatl-. [ouT] 4. One spare copy. PSD //TRUE COPY// sD/-p.vlNOD f{uMAR AS Ss IESRE:lI-Ssr:RHRAKR To, 1 I The station House officer, J.Pangu,ur Police Statl'on, Prakasam District, 2- One cc to M/s NALLANAGULA LALITHA SREE, Advocate [OPUC] PROSECUTOR, High Court of A.P., HIGH COURT KSR,J DATED : 28/03/2025 ANTICIPATORY BAIL ORDER CRLP.No.1536 of 2025 ALLOWED