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2026 DAILYLAW 486 (AP)

Surapani Suresh Kumar alias Surapaneni Suresh Kumar alias Suresh v. The State of Andhra Pradesh

CRLP/2615/2026 · 2026-04-15

Venkata Jyothirmai Pratapa

body2026

Judgment text

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APHC010180332026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 2615/2026 Between: 1. SURAPANI SURESH KUMAR ALIAS SURAPANENI SURESH KUMAR ALIAS SURESH, S/O SOMA SHEKARA RAO,AGED ABOUT 32 YEARS, MALE,R/O. D.NO.5-3-28, MADDIPATLAVARI STREET,KOVVUR VILLAGE AND MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH, AMARAVATI. 2. KAKI PRIYANKA, D/O. VENKATA RATNAM,AGED ABOUT 32 YEARS. FEMALE,R/O. D.NO.4-5-25, VEGIVARI CHAVIDI,KOVVURU MANDAL, EAST GODAVARI DISTRICT. ...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 Court pleased to grant Regular bail to the Petitioner/Accused in connection with the Crime No.394 of 2025 of Bommuru Police Station in the interests of the justice and pass Counsel for the Petitioner/accused: 1. MANGENA SREE RAMA RAO Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 2615/2026 ORDER: This Criminal Petition, under Sections 483 of the BNSS, has been filed by the Petitioner herein/Accused, seeking regular bail, in Crime No.394 of 2025 of Bommuru Police Station, registered for the offences punishable under Sections 69, 89, 351(2) of the Bharatiya Nyaya Sanhitha (for short “BNS”) and Sections 3(1)(vv)(i), 3(2)(v), 3(2)(va) of SC’s and ST’s (POA) Act, 1989. 2. The case of the prosecution, in brief, is that, the defacto complainant is in acquaintance since 2021 and they both fell in love. The accused on the pretext of love and marriage, committed rape on the victim. Whenever, she pressed for marriage, the accused one way or the other postponed the matter. Accused used to visit Hyderabad and press for sexual contact in the name of love. Accused with his deceitful words took an amount of Rs.12,00,000/- and returned only Rs.10,00,000/-. The Accused continued his physical relation with the complainant. In December, 2024, the complainant got pregnant and it was aborted through pills and this cause severe mental agony to her. When she finally pressed for marriage, the accused denied to marry her by humiliating her caste and abused her in filthy language and threatened to kill her. 3. Heard Sri K.Chidambharam, learned Senior counsel assisted by Sri Mangena Sree Rama Rao, learned counsel for the petitioner/accused, and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing on 3 behalf of the State. Learned Assistant Public Prosecutor would submit that the notice is served on the defacto complainant through Police. 4. Learned Senior Counsel for the petitioner submits that the petitioner is innocent. The petitioner has been in judicial custody since 08.02.2026. Learned Senior Counsel further submits that, as per the contents of the complaint, it is evident that the relationship between the petitioner/accused and the de facto complainant has been consensual since 2023. The report further indicates that the complainant voluntarily terminated her pregnancy by consuming pills and preserved the foetus for DNA testing. Learned Senior Counsel also submits that the investigation has been completed and the charge sheet has been filed in this matter. Hence, custodial interrogation of the petitioner is not necessary. The petitioner is ready to furnish sureties to the satisfaction of this Court. He therefore prays that this Court may be pleased to consider the request of the petitioner. 5. Learned Assistant Public Prosecutor vehemently opposed the petition and submitted that, as per the medical report, the DNA profile tallies with that of the petitioner/accused. It is further submitted that the investigation has been completed and the charge sheet has already been filed and the Court may pass appropriate orders. 6. Considering the submissions made and on perusal of the material on record, as rightly contended by the learned Senior Counsel for the petitioner, since the investigation has been completed and the charge sheet has been 4 filed, no useful purpose would be served by keeping the petitioner in custody any further. In that view of the matter, the petitioner is entitled to be released on regular bail. 7. In view of the above said facts and circumstances, this Court is inclined to release the petitioner/accused on bail on the following conditions: i. The petitioner/accused shall execute a personal bond for a sum of Rs. 20,000/- (Rupees Twenty Thousand only) with two sureties each for a like sum each, to the satisfaction of the learned VI Additional Judicial First Class Magistrate, Rajamahendravaram. ii. The petitioner/accused shall not directly or indirectly tamper with evidence nor influence, intimidate, or induce any prosecution witness or contact the victim through phone or any other means. iii. The petitioner/accused shall surrender his passport, if any, to the concerned Court. If he claims that he does not have a passport, he shall submit an affidavit to that effect to the concerned Court. iv. The petitioner/accused shall not leave the country without the express permission from the concerned Court. v. The petitioner/accused shall appear before the Station House Officer concerned, once in a week i.e., on every Saturday, between 10.00 AM to 05.00 PM., till further orders. vi. The petitioner/accused shall appear before the Investigating Officer as and when required and cooperate with the investigation. 5 8. In the event of violation of any of the above conditions, the prosecution shall be at liberty to seek cancellation of bail. 9. It is also made clear that the observations made in this order are only for the purpose of deciding the bail application and they shall not be construed as opinion on the merits of the Crime. 10. Accordingly, this Criminal Petition is allowed. As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Petition shall stand closed. __________________________________________ DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 16.04.2026. UPS 6 15 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 2615/2026 Dt.16.04.2026 UPS