Andhra Pradesh High Court - Amravati
Siddireddy Kanakadurga vs The State Of Andhra Pradesh on 19 July, 2022
IN THE REGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE NINETEENTH DAY OF JULY TWO THOUSAND AND AAWENTY TWO PRESENT: THE HONOURABLE SRI JUSTICE RAV! CHEEMALAPAT CRIMINAL PETITION NO: 4988 OF 2022 Between: siddreddy Kanakacurga, Wo Yesubabu, Aged 40 years, Rio D.No S30) near Durgamma Terniple, Gudanalll Vilsgs, Mackip curam Mandal East Godava Pettioneri&ccussd Nod AND The State of Andhra Pradesh, rep. by Public Prosecutor, High Court of Andhra _ Pradesh at Ameravathi . Respondent Fetiion filed undar Section 438 of Cr PG, praying that in the circumstances slated in the mernorandum of grounds filed In support of the Criminal Petition, the High Court may be pisased ta enlarge ihe Petitioner ¢ an Anticigaiory Bail in the event of her arrest in FIR No. 114 of 2022 on the file of the Maikipuram Police Station, East Sarlavan District. The petiiion camming on for hearng, upon perusing the Criminal Patition and the memorandum of grounds filed in suppart thereof and Woon Rearing the arguments of Sri PL Narasimha Bac, Advocate for the Petifioner/Accused No.3, and of Special Assistant Public Prosecufor for the Resooncert-State, the Court made the Following: ORDER
THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATE CRIMINAL PETITION NO.4985 OF 2022 GRBERS-
This petition under Section 438 of the Code of Criminal Procedure, LOF3 (for short "Cr.P.C.") is fled by the petitioner "fA3 gleased to enlarge the petitioner on Anticipatory Ball in the event of her arrest in FIR No.lis of 2022 on the fle of the Maikipuram Zo The case of prosecution is that, the compisinant lodgec His complaint that when he was In Gulf country, at the request oF Siddireddy Kanka Gurga/A3, he sent money upto 10 lakhs towards debt through Western Union bank. Later when he came down fo his vilage, he called A3 and requested her to repay the loan amount. Gn 30.06.2022, while the compiainant going to is house fram hotel by Ris motor cycle, the accused attecked over Aim with ericket bats with an intentian fo kif him as he asked to repay the rr debt amount. Hence, the oresent crime is registered. 3, Heard Sri P.L.Narasimha Rao, heared counsel for the petitioner and learned Special Assistant Public Prosecutor for the respornient-stare.
A, The learned counsel for the petitioner in addition ta the grounds raised in the application has submitted that the petitioner is working as Anganwadi Teacher. She does not have any previous criminal antecedents and she is a iaw abiding citizen and respectable individual of the saciety. It is further contended that in Dead the event of the arrest the petitioner who hall from respectable farmiy will have to inase her reputation in the public. HENCE, feaarned counsel for the petitioner prays to grant bail to the petitioner.
5. rearned Special Assistant Public Prosecutor relied upon the Hon'ble Supreme Court judgment reporte wi in "Endres Awmer Versus The State of Uttar Pradesh & Another" where in iC is clearly stated thet "The High Court has ignored the materiais an record including incriminating st raments of witnesses under riminal Procedure. Statements ifs th es oe a 3 baa, a t we, be os food, 2 + ie me"
aX oy a2 Se) % os ny o oo curther, learned Special Assistant Public Prosecutor submits that that investigation is pending and hence, he prays to dismiss rhe petitian.
&. Taking inte considerahion the facts and circumstances of the case and material avaliable on rerord and submissions made by the learned counsel, this court deems it appropriate to grant pre- arrest ball fo the petitioner.
&. Accordingly, thls Criminal fetition is allowed. patitioner/A3 shall be enlarged on ball in the event of his arrest in connection with Crime No. 414 of 2092 on the fle of the Maikipurarm Police Station, East Gadavarl mistrict, on furnishing self $2023 LiveLaw (SC} 610 bond for Rs.50,000/- (Rupees Sy thousand only} with two MS sureties for a iikesurm each fo the satisfaction of the Station House Officer, Malkinuram Poll alice Station, East Godavari District, The metitioner shall appear before the Station Nouse OMe ter CEs Malkinuram Police Station, East Gadavarl District, once in & week, Patitioner shall conperate with investigation and she shall not i any vianmer interfere with Investigation. She shall nat coerce, threat or influence the prosecution witnesses and shall not tamper the evidence.
Further, the petitioner shall :
SMALE scrupulausiy cammply with the above conditions and any infraction of the same will be viewed serigusiy and it also entals cancellation of ball and In such case 'osecution shall miove WS goropriate apolication for such canceiaton.
Consequently, miscellaneous applicatians pending, if any, shall stand closed, CN $d/- T. MADHAVI ASSISTANT REGISTRAR r PRUE COPY! -
(ne _ SECTION OFFICER ey Ta RYT} Posse Station, Eas Godavad & a B83 Ne :
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he Station Hou ON ore GG ro SAP A. Narasimna RAO a | ® Ges to PUBLIC PRC CSECUTOR Swe _ Sine agare COPY vO" Hn n Rene w HiGH COURT RG, J DATED TOOT 2028 ORDER CRLP.NG.d986 of 2022 ALLOWED