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2026 DAILYLAW 18670 (AP)

Boddu Madhusudhana Reddy v. The State of Andhra Pradesh

CRLP/1892/2026 · 2026-03-16

Venkata Jyothirmai Pratapa

body2026

Judgment text

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APHC010123512026 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY,THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION Between: 1. BODDU MADHUSUDHANA REDDY, A2,S/O. RAMANA REDDY, AGED 61 YEARS,R/O. TEGACHERLA V, RAPUR M,TIRUPATHI DISTRICT. 2. BODDU AVINASH REDDY A3, S/O. MADHUSUDHANA REDDY, AGED 31 YEARS,R/O. TEGACHERLA V, RAPUR M,TIRUPATHI DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT AT NELAPADUAMARAVATI, THROUGH THE STATION HOUSE OFFICER,VENKATAGIRI P.S., TIRUPATHI DISTRICT. 2. ETHAMUKKALA SAI SMITHA, D/O RAMANAIAH, AGED 25 YEARS,R/O NEHRU NAGAR, VENKATAGIRI TOWNTIRUPATHI DISTRICT. Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High C bail to the Petitioners/ Accused Nos.2 and 3 in the event of their arrest in connection with F.I.R. No.32 of 2026, dated 05.02.2026, on the file of Venkatagiri Police Station, Tirupathi District, pending Petition, and pass such 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1892/2026 BODDU MADHUSUDHANA REDDY, A2,S/O. RAMANA REDDY, AGED 61 YEARS,R/O. TEGACHERLA V, RAPUR M,TIRUPATHI DISTRICT. BODDU AVINASH REDDY A3, S/O. MADHUSUDHANA REDDY, AGED 31 YEARS,R/O. TEGACHERLA V, RAPUR M,TIRUPATHI ...PETITIONER/ACCUSED(S) AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT AT NELAPADUAMARAVATI, THROUGH THE STATION HOUSE OFFICER,VENKATAGIRI P.S., TIRUPATHI DISTRICT. ETHAMUKKALA SAI SMITHA, D/O RAMANAIAH, AGED 25 ,R/O NEHRU NAGAR, VENKATAGIRI TOWNTIRUPATHI ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtmay be pleased to grant interim anticipatory bail to the Petitioners/ Accused Nos.2 and 3 in the event of their arrest in connection with F.I.R. No.32 of 2026, dated 05.02.2026, on the file of Venkatagiri Police Station, Tirupathi District, pending disposal of the Criminal IN THE HIGH COURT OF ANDHRA PRADESH [3396] THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA BODDU MADHUSUDHANA REDDY, A2,S/O. RAMANA REDDY, AGED 61 YEARS,R/O. TEGACHERLA V, RAPUR M,TIRUPATHI DISTRICT. BODDU AVINASH REDDY A3, S/O. MADHUSUDHANA REDDY, AGED 31 YEARS,R/O. TEGACHERLA V, RAPUR M,TIRUPATHI ...PETITIONER/ACCUSED(S) THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT AT NELAPADUAMARAVATI, THROUGH THE STATION HOUSE OFFICER,VENKATAGIRI P.S., ETHAMUKKALA SAI SMITHA, D/O RAMANAIAH, AGED 25 ,R/O NEHRU NAGAR, VENKATAGIRI TOWNTIRUPATHI ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of ourtmay be pleased to grant interim anticipatory bail to the Petitioners/ Accused Nos.2 and 3 in the event of their arrest in connection with F.I.R. No.32 of 2026, dated 05.02.2026, on the file of disposal of the Criminal 2 IA NO: 1 OF 2026 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased may be pleased to grant interim anticipatory bail to the Petitioners/ Accused Nos.2 & 3 in the event of their arrest in connection with F.I.R. No.32 of 2026, dated 05.02.2026, on the file of Venkatagiri Police Station, Tirupathi District, pending disposal of the Criminal Petition, and pass such Counsel for the Petitioner/accused(S): 1. MALIREDDY GOWTHAM Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1892/2026 ORDER:- The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the petitioners/ Accused Nos.2 and 3, for granting of pre-arrest bail in connection with Crime No.15 F.I.R. No.32 of 2026, dated 05.02.2026, on the file of Venkatagiri Police Station, Tirupathi District, for the offence punishable under Sections 69, 74, 78 (2), 351 (2), 79, 308 (2), 61 (2) r/w 3(5) BNS, 3(2)(v) SC ST POA Act. 2. The case of the prosecution in brief is that prior to 05.02.2026, the accused N.1 gradually developed intimacy with the de-facto complainant who is residing in the same locality where, accused is residing an proposed his love and made false promises of marriage, while so, in the month of July, 2024 while travelling from Nellore to Venkatagiri in the car of accused No.1 and when reached near Nehru Nagar, Venkatagiri, the accused forcibly had sexual intercourse with the de-facto complainant on false promise of marriage and subsequently, the accused No.1 tied turmeric thread around her neck at his rented house, declared her as his wife and continued to have sexual relations with the de-facto complainant on several occasions, accused No.2 i.e., father of the accused No.1 also assured the complainant that he would conduct their marriage and later, when the menstrual cycle was ceased, accused No.1 forcibly administered tablets to continue menstruation to her in multiple occasions to avoid pregnancy and the accused No.1 also demanded 4 money for his cricket career and the complainant also gave her gold ornaments and since two months, accused No.1 started avoiding the complainant and finally refused to marry her and abused her and also threatened her, accused No.2 also insulted the complainant by raising her caste and drove her away and further accused Nos.1 to 3 by criminal conspiracy ruined the life of the complainant, and basing on the report of complainant a case in Cr.No.32/2026 was registered. 3. Heard Sri Malireddy Gowtham, learned counsel for the petitioners and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. Perused the record. 4. Learned counsel for the petitioners would submit that the petition may be disposed of by giving protection to the petitioners vide guidelines of the Hon’ble Apex Court in Arnesh Kumar v. State of Bihar1. 5. Learned Assistant Public Prosecutor, on instructions, would submit that the offences registered against the petitioners are punishable with less than seven years period of imprisonment except Section 69 of BNS and necessary direction may be given to the concerned Station House Officer. 6. Considering the submissions, this Criminal petition is disposed of, with the following; 1 (2014) 8 SCC 273 5 a. Investigating Officer is at liberty to complete the investigation, in accordance with law. b. However, the police are directed not to take any coercive steps against the petitioner. It does not preclude the investigating agency in filing the report before the Court. c. In the event of any coercive action sought to be taken against the petitioner, concerned police authorities are further directed to scrupulously follow the procedure prescribed under Section 35 (3) of BNSS., [Section 41-A Cr.P.C] and the guidelines laid down by the Hon’ble Supreme Court in Arnesh Kumar’s case (supra). d. The Petitioners/Accused No.2 and 3 shall make themselves available for investigation and shall cooperate with the investigating officer for further investigation. Consequently, miscellaneous applications pending, if any, shall stand closed. __________________________________ DR.VENKATA JYOTHIRMAI PRATAPA, J Date: 17.03.2026 KKV 6 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1892 OF 2026 17.03.2026 KKV