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2025 DAILYLAW 7666 (AP)

KARRI APPANNA v. THE STATE OF ANDHRA PRADESH

CRLP/1733/2025 · 2025-03-27

Venkata Jyothirmai Pratapa

body2025

Judgment text

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1 APHC010079212025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY ,THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1733/2025 Between: Karri Appanna ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. KOPPISETTI PARVATI DEVI Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1733 of 2025 ORDER: This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the petitioner herein/Accused No.1, seeking regular bail, in Crime No. 318 of 2024 of Kuvvuru Town Police Station, West Godavari District, registered for the offence punishable under Sections 376(2)n, 376(3) of IPC, 5(j)(ii)(l) r/w 6 of POCSO Act, 2012. 2. Case of the prosecution, in brief, is that, prior to 06.12.2024, the accused being the close relative and being neighbour of the victim minor girl aged about 16 years, used to follow her on the guise of love and marriage while she was studying 8th class and induced her with his dubious words. That being so, one night in the month of April, 2024, accused committed penetrative sexual assault upon the victim against her will and consent and thereafter also committed penetrative sexual assault upon the victim several times. Later, on 05.12.2024 as the victim suffered severe stomach pain, the mother of the victim took her to first aid center located at Kovvur and on the advise of doctor, she took her to Government General Hospital, Rajamahendravaram on 06.12.2024, where duty doctor confirmed that victim is carrying 6th month pregnancy and on that day victim delivered a pre- matured dead fetus in the washroom of the hospital. Basing the statement of the victim a case has been registered against the accused. 3 3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor representing the respondent/State. Perused the material on record. 4. Learned Counsel for the petitioner would submit that the petitioner has been in judicial custody since 11.12.2024. By this time, crucial part of the investigation might have completed. Learned Counsel would further submit that the petitioner and victim girl have close acquaintance since childhood. Parents rejected for the marriage proposal and a false case has been lodged against him. Learned Counsel would further submit that the petitioner is ready to furnish the sureties to the satisfaction of the Court. Learned Counsel finally prays to allow the petition. 5. Learned Assistant Public Prosecutor vehemently opposed the petition and would submit that investigation is at crucial stage. Learned Assistant Public Prosecutor finally prays for dismissal of the petition since if he is released on bail, there is likelihood to influence the victim and other witnesses. 6. Considering the submissions made and a fair look at the material placed on record, since the investigation is not completed and it is at crucial stage as reported by the learned Assistant Public Prosecutor, there is every possibility to influence the victim and witnesses. 7. Accordingly, the Criminal Petition is dismissed. 4 As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Petition shall stand closed. ____________________________________ Dr. VENKATA JYOTHIRMAI PRATAPA, J Date:27.03.2025 UPS 5 153 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P. No.1733 of 2025 Dated.27.03.2025 UPS