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Andhra Pradesh High Court - Amravati

Sabbella Suryanarayana Reddy Surya ... vs State Of Andhra Pradesh on 29 July, 2021

 

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
FRIDAY, THE SECOND DAY OF JULY,
TWO THOUSAND AND TWENTY ONE
: PRESENT:
THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI
CRIMINAL PETITION NO: 3374 OF 2021

 

Between:
Sabbella Suryanarayana Reddy@ Surya Reddy, C/o Sabbella Balakrishna reddy,aged
32 years, R/o D.No.14-32,Pala Bazar Road, Prasadampadu Village, Enikepadu,

Ramavarapupadu, Vijayawada, Krishna District
...Petitioner/5" Accused
AND
State of Andhra Pradesh, rep by its Public Prosecutor, High Court of Andhra Pradesh,
Amaravati
, Respondent

Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in
the memorandum of grounds filed in the Criminal Petition, the High Court may be
pleased to grant Anticipatory Bail directing the police to release the Petitioner on bail in
the event of his apprehension in connection with Crime No.90 of 2021 of Ponnur Police
Station in the interest of justice.

The petition coming on for hearing, upon perusing the Petition and the
memorandum of grounds filed in support thereof and upon hearing the arguments of Sri
Uyyuri Manivarun, Advocate for the Petitioner and of Public Prosecutor for the
Respondent, the Court made the following.

ORDER

"This petition is filed under Sections 438 of Code of the Criminal Procedure, 1973 {for short 'Cr.P.C.) seeking anticipatory bail to the petitioner/A-5 in connection with Crime No.90 of 2021 of Ponnuru Town Police Station, Guntur District for the offences punishable under Sections 384, 385, 506, 509 r/w 34 IPC and Sections 67, 67(A), 66(E) of IT Act, 2008.

2. A complaint is lodged by the de facto complainant, husband of the deceased stating that on 01.05.2021 at 7.00 Am, he noticed that his wife got fainted, though he tried to lift her, he could not. He telephoned his relatives and then N.Venkata Reddy and the aunt of the deceased came to his house and admitted his wife in hospital for treatment and they came to know that she consumed sleeping pills. Further, it is stated that his wife got up at 4,00 PM and on enquiry, she informed that some one shooted her video. When he verified the video of his wife, he came to know that when his wife went to the house of A-1 to A-4, A-3 recorded the video while the deceased was taking bath in their house and they started blackmailing her.

é f we < They threatened to share that video to others, if she does not give money as demanded by them. They harassed her mentally and instigated her to die. A-5 friend of A-3 said that he is an influencial person and threatened the deceased that he would bring out A-1 to A-4 from police station and uttered to go herself. One of the friends of the informant i.e. A7 used to come to his house and take money from him. In that process, AV noticed that the deceased was weeping in the absence of the complainant and he asked the reason for her weeping and when she shared her problem with him, A-7 and A-8 also used to blackmail the deceased. All of them formed into a group, harassed the deceased, collected money and gold from her. The deceased had given Rs.8.00 lakhs pertaining to her brother Vijaya Bhaskar and asked them to leave her. All the accused used to harass the deceased by threatening her and thereby instigated her to commit suicide. Basing on the said complaint, the police registered the present crime, arrested the accused and sent them to judicial custody.

3. Heard Sri U.Mani Varum, learned counsel for petitioner and learned Assistant Public Prosecutor for the respondent-State.

4, Learned counsel for petitioner submits that there is no connection between the deceased and the petitioner/A-5. Even if all the allegations are taken on its face value as far as the petitioner is concerned, the alleged offences are not attracted. He submits that in the complaint it is stated that uncle, aunt and cousin brother and sister of the deceased video-graphed the deceased while taking bath and continuously blackmailing her. As per selfie-video of the deceased, she stated these facts. In addition to this, that one of the accused by name Suresh used to visit his house in a friendly manner and came to know about the problem of the deceased, used to blackmail her and all the accused formed into one group and blackmailed the deceased to give money. Learned counsel further submits that the ww ie complainant for his reasons best known to him has implicated the petitioner in this crime and he is nothing to do with the crime.

5, Learned Assistant Public Prosecutor submits that six witnesses were examined and the investigation is pending.

6. Taking into consideration the allegations in the complaint where the specific allegations are against the accused 1 to 4, the selfic video of the deceased prima facie it appears that the de facto complainant has added the name of this petitioner. In view of the same, this Court deems it appropriate to grant bail to the petitioner.

7. Accordingly, this Criminal Petition is allowed. The petitioner/ A-5S | shall be enlarged on bail in Crime No.90 of 2021 of Ponnuru Town Police Station, Guntur District on execution of self bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the Court of the Additional Junior Civil Judge, Ponnur, Guntur District. On such release, the petitioner shall co-operate with the investigation.

Consequently, miscellaneous applications pending, if any, shall stand closed."

Sd/-M Srinivas:

ASSISTANT REGISTRAR HTRUE COPY// an SECTION OFFICER To,
4. The Station House Officer, Ponnur Police Station, Guntur District.
2. One CC to Sri Uyyuri Manivarun, Advocate [OPUC} 3 Two CCs to Public Prosecutor, High Court of Andhra Pradesh. [OUT]
4. One spare copy Note: Amended the Rank of the petitioner/Accused as "A-5" in the place of "A-6"
at para Nos.1, 4 and 7 in the Court Order dated: 02/07/2021 in CriP No.3374/2021, as per the Court Order dated 29-07-2021 in IA No.41/2021 in CriP No.3374/2021. Substitute this Amended Order dated: 29/07/2021 in the Place of earlier order dt: 02/07/2021, which was dispatched on Dt.09/07/2021. Sd/-SK Md Rafi ASSISTANT REGISTRAR / WIGH COURT fs foe LKJ DATED: 02-07-2021 29/07/2021 AMENDED ORDER CRLP.No.3374 of 2021 ALLOWED