Extracted from the PDF above. The PDF is authoritative.
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APHC010102402025
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: 2151/2025 Between: Kondeti Kranti Babu, ...PETITIONER/ACCUSED AND The State A P ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused:
1. INDUPALLI JESSY SOWMYA Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR The Court made the following:
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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 2151 of 2025
ORDER:
This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the petitioner herein/Accused, seeking regular bail, in Crime No. 28 of 2025 of Penugonda Police Station, West Godavari District, registered for the offence punishable under Sections 108, 318 (2), 78(2) of BNS, Section 12 of POCSO Act, 2012.
2. Case of the prosecution, in brief, is that, occurred prior to 04.02.2025 at Bapujipuram, Penugonda Village and was reported on 10.02.2025 at 09.15 PM wherein the complainant reported that the accused harassed her daughter by name Digumarthi Divyavani, followed her and demanding to marry him, later they both loved each other, but subsequently, the accused tried to go to Kuwait, when the victim asked for marriage, he refused, due to which she felt mental agony and consumed huge tablets which is used for platelets treatment. Hence the crime.
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 is ready to furnish the sureties to the satisfaction of the court and the court may impose any condition for his release. The alleged incident happened on
04.02.2025. The victim was shifted to hospital, after that she was shifted to
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two (2) different hospitals. Thereafter on 10.02.2025, she died. After her death only, FIR has been registered. By this time, most of the investigation might have completed. The petitioner has been in judicial custody since 13.02.2025. Except Section 108 of BNS, all the other offences are punishable below seven (7) years. The petitioner is aged about 23 years. After pursuing 1st year of Degree, he is doing some petty works. He is innocent. The victim may have misunderstood his words. Learned Counsel finally prays to release the petitioner on bail.
5. Learned Assistant Public Prosecutor would submit that investigation is at nascent stage, it is pending for examination of some crucial witnesses. Considering the age of the victim i.e., 16 years, she was not in a position to understand the consequences of her actions. Learned Assistant Public Prosecutor would submit that if the petitioner is released on bail, there is every possibility to influence the witnesses and interfere in the investigation. Learned Assistant Public Prosecutor finally prays for dismissal of the Petition.
6. Considering the submissions made and a fair look at the material placed on record, as rightly reported by the learned Assistant Public Prosecutor, investigation is at crucial stage and hence, this is not a stage to release the petitioner on bail as there is every likelihood of interfering in the investigation. Though, it is not a stage to decide the culpability by accepting the allegations, in the light of the nature of the offence and also the stage of the investigation, this Court is not inclined to release the petitioner on bail at this stage.
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7. Accordingly, the Criminal Petition is dismissed. However, the petitioner is at liberty to make a fresh application at appropriate stage.
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
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HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
Crl.P. No.2151 of 2025
Dated.27.03.2025
UPS