APHC010707572025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION Nos. 13575, 13576 & 13578/2025 CRIMINAL PETITION NO: 13575/2025: Between: 1. THUPAKULA JAYANTH PRASAD, S/O. KANKAKESWAR RAO ALIAS KANAKAIAH,AGE 35 YEARS, BUSINESS, R/O MANDALAPALLI VILLAGE,DAMMAPET MANDAL, BHADRADRI KOTHAGUDEM. 2. THUPAKULA BHULAKSHMI, W/O KANKESWARA RAO KANAKAIAH,AGED 46 YEARS. HOUSEWIFE,R/O MANDALAPALLI VILLAGE,DAMMAPET MANDAL, BHADRADRI KOTHAGUDEM. 3. THUPAKULA KANAKESWARA RAO ALIAS KANAKAIAH, AGED 56 YEARS. AGRICULTURIST R/O MANDALAPALLI VILLAGE, DAMMAPET MANDAL,KHAMMAM DISTRICT. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR HIGH COURT OF AMARAVATHI. 2. THUPAKULA VIJAYA ALIAS SANDYA, W/O THUPAKULA JAYANTH PRASAD,AGE 29 YEARS, HOUSE WIFE,R/O. MANDALAPALLI VILLAGE,DAMMAPETA MANDAL BHADRADRI KOTHAGUDEMPRESENTLY RESIDING NANDIGAMA VILLAGE ANDMANDAL, KRISHNA DISTRICT ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused(S): 2 1. ARUN SHOWRI G 2. Arun Showri Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR CRIMINAL PETITION NO: 13576/2025: Between: 1. THUPAKULA JAYANTH PRASAD, S/O. KANKAKESWAR RAO KANAKAIAH,AGE 35 YEARS, BUSINESS, R/O MANDALAPALLI VILLAGE DAMMAPET MANDAL, BHADRADRI KOTHAGUDEM. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTORHIGH COURT OF AMARAVATHI. 2. THUPAKULA VIJAYA ALIAS SANDYA, W/O THUPAKULA JAYANTH PRASAD,AGE 29 YEARS, HOUSE WIFE,R/O. MANDELAPALLI VILLAGE,DAMMAPETA MANDAL BHADRADRI KOTHAGUDEMPRESENTLY RESIDING NANDIGAMA VILLAGE ANDMANDAL, KRISHNA DISTRICT. 3. THUPAKULA GOUTHAM SAI GOKULA SAI, BEING MINOR, REPRESENTED BY HIS MOTHERAND NATURAL GUARDIAN RESPONDENT NO.2 HEREINTHUPAKULA VIJAYA SANDYAW/O THUPAKULA JAYANTH PRASAD,AGE 29 YEARS, HOUSEWIFE,R/O. MANDOLAPALLI VILLAGE,DAMMAPETA MANDAL BHADRADRI KOTHAGUDEM PRESENTLY RESIDING NANDIGAMA VILLAGE AND MANDAL, KRISHNA DISTRICT. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. ARUN SHOWRI G Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 CRIMINAL PETITION NO: 13578/2025: Between: 1. THUPAKULA JAYANTH PRASAD, S/O. KANKAKESWAR RAO KANAKAIAH,AGE 35 YEARS, BUSINESS, R/O MANDALAPALLI VILLAGE,DAMMAPET MANDAL, BHADRADRI KOTHAGUDEM. 2. THUPAKULA BHULAKSHMI, W/O KANKESWARA RAO KANAKAIAH,AGED 46 YEARS. HOUSEWIFE,R/O MANDALAPALLI VILLAGE,DAMMAPET MANDAL, BHADRADRI KOTHAGUDEM. 3. THUPAKULA KANAKESWARA RAO ALIAS KANAKAIAH, AGED 56 YEARS. AGRICULTURIST R/O MANDALAPALLI VILLAGE, DAMMAPET MANDAL,KHAMMAM DISTRICT. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTORHIGH COURT OF AMARAVATHI. 2. THUPAKULA VIJAYA ALIAS SANDYA, W/O THUPAKULA JAYANTH PRASAD,AGE 29 YEARS, HOUSE WIFE,R/O. MANDALAPALLI VILLAGE,DAMMAPETA MANDAL BHADRADRI KOTHAGUDEMPRESENTLY RESIDING NANDIGAMA VILLAGE ANDMANDAL, KRISHNA DISTRICT. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. ARUN SHOWRI G Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION Nos. 13575, 13576 & 13578/2025 COMMON ORDER: The Crl.P.Nos.13575 and 13578 of 2025 have been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioners, seeking quashment of the Orders dated 31.10.2025 in Crl.M.P.Nos. 2318 & 2319 of 2024 in D.V.C.No.5 of 2017 on the file of the learned Additional Judicial Magistrate of First Class, Nandigama to the extent of imposing the condition to pay 50% arrears of the maintenance and the subsequent Orders dated 19.11.2025 in Crl.M.P.No.2740 of 2023 in D.V.C.No.5 of 2017 on the file of the learned Additional Judicial Magistrate of First Class, Nandigama. 2. The Crl.P.No.13576 of 2025 has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner, seeking quashment of the Order dated 31.10.2025 in Crl.M.P.No. 2317 of 2024 in M.C.No.7 of 2018 on the file of the learned Additional Judicial Magistrate of First Class, Nandigama to the extent of imposing the condition to pay 50% arrears of the maintenance and the subsequent Order dated 19.11.2025 in Crl.M.P.No.2625 of 2023 in M.C.No.7 of 2018 on the file of the learned Additional Judicial Magistrate of First Class, Nandigama. 2. Heard Sri Arun Showri.G, learned counsel for the petitioners and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 5 3. Since the subject matter of these Criminal Petitions is one and the same, at the request of the learned counsel on both sides, these matters are heard together and the following Common Order was passed. 4. Learned counsel for the petitioners would submit that the total arrears to be payable by the petitioners herein is to a sum of Rs.17,18,000/-. The learned Trial Judge has allowed the petitions filed by the petitioners subject to the condition that the petitioners shall pay the 50% of the arrears amount by 19.11.2025 vide Orders dated 31.10.2025. Thereafter, on 19.11.2025, due to non compliance of the condition imposed by the Court, learned Judge issued NBW’s against the petitioners. He would further submit that the petitioners are ready to pay Rs.5,00,000/- out of the 50% of the arrears amounts as imposed by the Court. 5. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate Orders. 6. Considering the submissions, these Criminal Petitions are disposed of. However, the petitioners are permitted to pay the 50% of the arrears amount as imposed by the Court as a condition to set aside the Orders, in two (2) spells. The petitioners are directed to pay Rs.5,00,000/- to show their bonafides within a period of one week from this day i.e., by 08.01.2026. On deposit of such amount, learned Judge may consider recalling the warrant which has been issued against the petitioners and the remaining amount of 6 the 50% of the arrears as ordered by the Court, shall be paid within a period of one (1) month from that day i.e., from 08.01.2026. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 02.01.2026. UPS 7 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION Nos. 13575, 13576 & 13578/2025 Dated.02.01.2026 UPS 144