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CDJ 2025 APHC 1747 print Preview print print
Court : High Court of Andhra Pradesh
Case No : Criminal Petition No. 8061 of 2025
Judges: THE HONOURABLE DR. JUSTICE Y. LAKSHMANA RAO
Parties : Marisetti Naga Satyavathi Versus The State Of Andhra Pradesh, S.H.O,Pedavegi Police station Eluru District, Rep by its Public Prosecutor, High Court at Amaravathi.
Appearing Advocates : For the Petitioner: CH.B.R.P. Sekhar, Advocate. For the Respondent: Public Prosecutor.
Date of Judgment : 01-12-2025
Head Note :-
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 482 -
Judgment :-

1. The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the Petitioner/Accused No.2 for granting of pre-arrest bail in connection with Crime No.154 of 2025 of Pedavegi Police Station, Eluru District, registered for the alleged offence punishable under Section 109(1) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’).

2. Heard the learned Counsel for the Petitioner and the learned Assistant Public Prosecutor.

3. Sri Ch.B.R.P.Sekhar, the learned counsel for the petitioner, submits that the petitioner is innocent of the alleged offence and she has been falsely implicated in this case. She has not committed any offence. She is the sole breadwinner of the family. She has got permanent abode. She is ready to abide by any conditions which this Court may deem fit in the event of her release. The petitioner has been suffering from certain ailments; she cannot stand even for ten minutes without becoming fatigued. It is therefore urged to enlarge the petitioner on bail in the event of her arrest.

4. Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor submits that L.Ws.5 to 7 are eyewitnesses who spoke about the petitioner and the other accused. Based on the statements of these witnesses, the accusation is well founded, and it is urged to dismiss the petition.

5. This Court in Crl.P.No.7420 of 2025 vide order dated 31.07.2025 granted bail to Accused No.1, but dismissed the bail application of Accused No.3/Marisetti Naga Prudhvi. Later, this Court vide order dated 21.08.2025 granted bail to Accused No.3/Marisetti Naga Prudhvi.

6. As seen from the statements of the de-facto complainant and eye witnesses, the petitioner/Accused No.2 by name Marisetti Naga Satyavathi, beat the de-facto complainant with a stone on his head, as a result, he suffered bleeding injury. However, the de-facto complainant suffered simple injuries. Accused No.2/Petitioner is the wife of Accused No.1 and mother of Accused No.3.

7. Even though the allegations are specific in nature, considering the health condition of the petitioner/Accused No.2, who is a lady, this Court is inclined to grant pre-arrest bail to the Petitioner/Accused No.2 with some stringent conditions.

8. In the result, the Criminal Petition is allowed with the following conditions:

                  i. In the event of arrest of the Petitioner/Accused No.2, she shall be enlarged on bail subject to her executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties for the like sum each to the satisfaction of the arresting police officials.

                  ii. The Petitioner/Accused No.2 shall make herself available for investigation as and when required.

                  iii. The Petitioner/Accused No.2 shall not cause any threat, inducement or promise to the prosecution witnesses.

                  iv. The Petitioner/Accused No.2 shall appear before the Station House Officer concerned once in a week i.e., on every Saturday between 10.00 a.m. and 5.00 p.m., till filing of the charge sheet.

                  v. The Petitioner/Accused No.2 shall not leave the State of Andhra Pradesh limits without the express permission from the Station House Officer concerned.

 
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