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2025 DAILYLAW 7705 (AP)

PARAPATHI SAI DURGA PRASAD @ SAI v. THE STATE AP

CRLP/1742/2025 · 2025-02-24

K Sreenivasa Reddy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

L=L=-5l_i-I_ lN THE HIGH COURT OF ANDHRA PRADESH AT A // MONDAY, THE TWENTY FOURTH DAY OF FEB TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE K SREENIVASA RED CRIMINAL PETITION NO: 1742 OF 2025 Betwee n : parapathi sai Durga Prasad @ Sai, S/o.Raju, aged 23 years, R/o.D.No.6-7- 23, Peethalavari Street China Waltair, Visakhapatnam. ...petitioner/Accused AND The State AP, through PS, Ill Town Visakhapatnam City, rep.by Public prosecutor, High Court of AP Amaravati. ...Respondent/Complainant petition under section 480 & 483 of BNSS, praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased tO enlarge the petitioner/Accused on bail in crime No.296 of 2024 of PS. Ill Town Police Station Visakhapatnam City. The petition€oming on for hearing, upon Perusing the Petition and the affldavit filed in support thereof and upon hearing the arguments of SMT Y MALATHI for the Petitionoer, and of PUBLIC PROSECUTOR for the Respondent, and the Court made the following. ORDER: ORDER: This Criminal Petition, under Sections 480 and 483 of the Bharatiya Nagarik Suraks'ha Sanhita, 2023, has been filed by the petitioner/accused, seeking bail in Crime No.296/2024 of Ill Town Police Station, Visakhapatnam City. 2. A case has been registered against the petitioner for the offence punishable under Section 329(4),109(1 ),127(2) of B,N.S. 3. Case of the prosecution, in brief, is that one Jarajana Sravani is residing in China Waltair, along with her mother, sister and son. Her marriage was performed with the accused was held on 24.04.2022, and out of wed lock, she was blessed with a son. Prior to their marriage, the defacto complainant and the accused lived together since 2021. ln May 2022, the accused harassed the defacto complainant by tying her hands and cutting her hair and also harassed her physically and mentally, On that, she gave report to Ill Town police station. Then, the defaCtO complainant res'Ided With her mother. On 04.12.2024 at about 6.30 pm, when the defacto complainant was at her mother's house, the accused came upon her and demanded her to give divorce, for which she refused. It is learnt that the accused had illegal contact with another lady. The accused abused the defacto complainant in filthy language, caught hold her neck and hit against the wall and bed cot and also threatened her with dire consequences. Hence the report. J7 4. Heard. Perused the record. 5. Learned Assistant Public Prosecutor submits that major part of the investigation is completed except filing of charge sheet. 6- A perusal of the materl'al available on record goes to show that the alleged incident said to have taken place on 04.12.2024. Whereas the defacto complainant resorted in filing the report on 14.12.2024, i.e. after ten days of the alleged incident. on 15.12.2024, the petitioner was arrested and got remanded to judicial custody and since then he is languishing I-n judicial remand. The petitioner fI'led a divorce Case aS against the petI®tiOner herein. ln view of the aforesaid facts and cl'rcumstances of the case, this court is inclined to grant bail to the Petl'tiOner herein, on the following conditions. (i) The petl'tioner/accused herein shall be released on his executing a Personal bond for Rs.10,000/-(Rupees ten thousand only) with two sureties for a like sum each to the satisfaction of the lV Additional Chief Metropolitan Magistrate, Visakhapatnam; (ii) On release, the petitioner shall appear before the Station House Officer concerned on every Sunday in between 10.00 a.m. and 05.00 P.m., till filing of charge sheet. 7, Accordingly, the Criminal Petition is allowed. //TRUE COPY// SD/-M.SRINIVAS A SsS:SCTT:oNNT#FellcSETR:A R - i¢rd` •#: , i,ABE To , F, 1 The SHO, " Town vlsakhapatnam c,'ty, vISakhapatnam D,str,ct 2. The superintendent, central prison', vl'sakhapatnam. 3. The lvAddl-tl-onal c.M.M at vI'Sakhapatnam. 4. one cc to sRl. y MALATHI, Advocate [opuc] 5 Two cos to PUBLIC PROSECUTOR, Hlgh court ofAndhra pradesh [OUTJ 6. one spare copy KN I, ed |..^ c1% fEB \\\® HIGH COURT SRK,J DATED: 24/02/2025 ORDER CRLP.No.1742 of 2025 ALLOWED