APHC010382012026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE 27th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 6199 OF 2026 Between: 1. D Mukunda, Aged about 50 years, S/o Late Dodda Narayanappa, Karnataka State now resident of D.No. 51/9-1, 22 Cross, 2U Main road, Marenahalli, Vjayanagar, Bengaluru - 560040. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravati - 522237. 2. B Kamala, Aged about 32 years,W/o D. Mukunda, R/o Near Post Office,Gokulam, Puttaparthy Town,Sri Sathya Sai District,Andhra Pradesh ...Respondents 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 Courtpleased to call for the records and quash the charge sheet in Crime No. 23/2026, dated 27.03.2026 and the consequential proceedings of taking cognizance and issuing summons against the petitioners in CC No. 177/2026, dated 17.04.2026, on the file of Additional Judicial Magistrate of 1st Class, Puttaparthy and pass IA NO: 1 OF 2026 2 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 pleased to grant stay of all further proceedings in pursuance of the cognizance of the order dated 17.04.2026 and consequent to the filing of the charge sheet on 27.03.2026 in Crime No. 23/2026 numbered in CC No. 177/2026 on the file of Additional Judicial Magistrate of 1st class, Puttaparthy, pending disposal of main criminal petition and pass Counsel for the Petitioner: B VASANTHA LAKSHMI Counsel for the Respondents: PUBLIC PROSECUTOR 3 The Court made the following Order: Instant Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhitha, 2023, has been filed on behalf of the petitioner herein (A1), seeking to quash the charge sheet in C.C.No.177 of 2026 on the file of the Judicial Magistrate of First Class, Puttaparthy, wherein they were charged with the offences punishable under Sections 85, 351(2) read with 3(5) & Section 82 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3 & 4 of the Dowry Prohibition Act, 1961. 2. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor appearing on behalf of respondent No.2-State. 3. Learned counsel for the petitioner after arguing for some time, has confined his argument to the extent of dispensing with the presence of the petitioner herein before the trial Court. 4. On the other hand, learned Assistant Public Prosecutor contended that specific accusations have been made as against the petitioner herein and truth or otherwise of the said accusations has to be decided during the course of trial, hence, there are no grounds to quash the proceedings at this stage. 5. Since there are specific accusations that have been made as against the petitioner herein, which are all disputed questions of fact, the same can be decided during the course of trial, and this Court, in a petition filed under Section 528 of BNSS, 2023 corresponding to Section 482 Cr.P.C., would not 4 be in a position to conduct roving enquiry into the disputed questions of fact and quash the proceedings at this stage. 6. However, considering the facts and circumstances of the case, this Court is not inclined to quash the proceedings against the petitioner herein. However, presence of petitioner herein (A1) before the Judicial Magistrate of First Class, Puttaparthy, in C.C.No.177 of 2026 is dispensed with, except on those dates when the learned Judge feels that their presence is necessary. 7. Accordingly, the Criminal Petition is disposed of. 8. Needless to state that the petitioner are at liberty to raise all the grounds before the trial Court. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ______________________________ MAHESWARA RAO KUNCHEAM, J Dated: 27.07.2026 BSM 5 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 6199 OF 2026 BSM Dt: 27.07.2026