Andhra Pradesh High Court - Amravati
Dornipati Lakshmi Sridevi Lakshmi Devi vs The State Of Andhra Pradesh on 27 July, 2020
Author: M. Venkata Ramana
Bench: M. Venkata Ramana
Rise ey oy IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE TWENTY SEVENTH DAY OF JULY, TWO THOUSAND AND TWENTY : PRESENT : THE HONOURABLE SRI JUSTICE M. VENKATA RAMANA CRLP.No. 2653 of 2020 Between:- Dornipati Lakshmi Sridevi @ Lakhmi Devi, W/o. Nageswara Rao. veces Petitioner /Accused AND The State of Andhra Pradesh, Through P.S. Proddatur | Town P.S., Represented by Public Prosecutor, High Court of Andhra Pradesh At Amaravati. vee Respondent/Complainant. Petition filed under Sections 437 & 439 of Cr.P.C. praying that in the circumstances stated in the Grounds of Criminal Petition, the High Court may be pleased to enlarge the petitioner on bail in connection with Crime No.206/2020 dt. 28-5-2020 on the file of the | Town Police Station, Proddatur, Kadapa District. The petition coming on for hearing, upon perusing the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri V. Nitesh, Advocate for the Petitioner and of the Public Prosecutor on behalf of respondent/State, the Court made the following ORDER :
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HON'BLE SRI JUSTICE M.VENKATA RAMANA CRL.P.No. 2653 of 2020 ORDER:
Heard Sri V. Nitesh, learned counsel for the petitioner, and the learned Additional Public Prosecutor.
2. This petition is filed under Sections 437 Cr.P.C. and 439 Cr.P.C. for grant of bail on behalf of the sole accused.
3. The petitioner is the unfortunate wife of one Sri Nageswara Rao, who is the deceased.
4, The case of the prosecution is that on 28.05.2020 at about 8.00 a.m. in the residential house of this couple, the petitioner attacked the deceased when he started abusing her questioning her fidelity and when the deceased also threatened the children by show of acid bottle. Unable to bear such conduct of her husband, as per the case of the prosecution, the petitioner picked up the pressure cooker and gave blows on the head of the deceased indiscriminately, which ultimately led to his death. On a complaint presented on the same day at about 12.30 a.m. a case was registered by the police and it is stated to be under investigation. The petitioner was arrested in this connection on 29.05.2020 and when she was produced before the jurisdictional magistrate, she was remanded to judicial custody.
5. Sri V. Nitesh, learned counsel for the petitioner, referring to the above allegations of the prosecution contended that this is not a case where Section 302 LP.C. is attracted and the circumstances themselves make out that it was the deceased who was responsible for bringing out scone O> MVRI Cr P.No. 2653 of 2020 2 such an action from her and thus possibly the case involved grave and sudden provocation.
6. At this stage, learned Additional Public Prosecutor represented that a major part of the investigation is completed and report from RFSL alone is awaited.
7. In the above circumstances and particularly having regard to the facts alleged by the prosecution itself against the petitioner and the circumstances that had driven her to attack her husband leading to his death, it is not necessary that she be confined in judicial custody any more. Possibility of the petitioner either interfering with the process of investigation or tampering with collection of evidence is apparently too remote and therefore relief as sought by her has to be granted.
8. In the result, the petitioner is ordered to be enlarged on bail on her executing a bond for Rs.10,000/- (Rupees ten thousand only) with two sureties for like cum each to the satisfaction of the Court of learned I-Additional Judicial Magistrate of First Class, Proddatur. SD/- K. JAGAN MOHA DEPUTY REGISTRA / TRUE COPY// SECTION ddatur.
1 The il Additional District and Sessions Judge, Kadapa at Pro tur,
2.The | Additional Judicial Magistrate of First Class, Podda 5 the station House Officer, | Town Police Station, Proddatur, istrict. . trict.
4 The Superintendent, Sub-Jail, Proddatur, YSR District UT
5.Two CCs to the Public Prosecutor, High Court of A.P.,(OUT) % One CC to Sri V..Nitesh, Advocate(OPUC)
7.One spare copy.
TKK Ws, HIGH COURT MVR.J DT.27-07-2020.
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