Andhra Pradesh High Court – Amravati
Addala Lokesh Naga Venkata Sai Someswar … vs The State Of Andhra Pradesh on 3 July, 2025
Author: K Sreenivasa Reddy
Bench: K Sreenivasa Reddy
\-
\.a
i-.
t.
lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl
THURSDAY,THETHIRDDAYOFJULY, #ed
TWO THOUSAND AND TWENTY FIVE
(
:PRESENT: I
HONOURABLE SRI JuSTICE K SREENIVASA REDD
CRIMINAL PETITION NO: 6733 OF 2025
ngir 3gr«E#
Between :
Addala Lokesh Naga Venkata Sai Someswar alias Lokesh, S/o. Nageswara
Rao, Aged 19 years, Occ Student, R/o. H.No. 5-160/1, Kontheru Village,
Elamanchili MandaI, West Godavar!- Dl'strict
...Petitioner/A4
1-AND
The State of Andhra Pradesh, Through S.H.O. EIamanchI-Ii Police Station,
PolI'Ce Station, Rep. by Public Prosecutor, High Court ofAP at Amaravati.
...Respondent/Complainant
Petition under section 480 a 483 of BNSS (Old SectI-OnS 437 & 439 of
Cr.P.C), praying that in the ciie'umstances stated in the memorandum of
grounds filed in support of the` criminal petition, the High Court may be
pleased to enlarge the Petitioner/Accused No.4 on bail pending trial in
Crime/F.I.R.No. 84 of 2025 on the fl-Ie of SHO EIamanchili (Yelamanchili)
Police Station, West Godavari District'.
. lit
Counsel forthe petitioner : sri Rambabu Koppineedi
Counsel for the Responc!®,nt : Public Prosecutor.
The Court made the following
ORDER:
t5>\
a-`.`’
~ ORDER:-
This Criminal Petition, under Sections 480 and 483 of
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘the BNSS’)
has been filed on behalf of the petitioner/accused No.4 to grant
regular bail in connection with Crime No.84 of 2025 of
Yelamanchili Police Station, West Godavari District.
2. A case has been registered against the petitioner/
accused No.4 and other accused for the offence punishable under
section 108 read with 3 (5) of the Bharatiya Nyaya Sanhita, 2023
(for brevity tBNS]).
3. Case of prosecution, in brief, is that the elder brother
of the cte racfo complainant committed suicide on 14.12.2024 due
to love affair with accused No.3, who is residing jn their street; that
as elders advised not to disturb the life of accused No.3, they did
not inform the same to the police. lt is alleged that accused No.1,
who is father of accused No.3 started harassing the mother of
de facfo complainant with words in a threatening manner; that due
to continuous harassment of accused No.1 and his family
members ,I.e. accused Nos.2 and 3 and petitioner herein/accused
No.4, the mother of de facfo complainant is alleged to have
committed suicide by hanging on 14.06.2025 at about 12.00 p.m.
5`.`
€., -isp
3
4. Heard. Perused the record.
+I
5. Learned counsel for the petitioner/accused No.4
submits that certain morphed photos were created by the cte facfo
complainant and his deceased brother against accused No.3 and
they used to harass her and in connection with that, accused No.1,
who is father of accused No.3, filed a complaint before the police,
but the police have pacified both parties resulted in not filing any
case against the de facfo complainantls family.
6. Learned counsel further submitted that in connection
with that, the elder brother of de facfo complainant took an extreme
step of committing suicide in the ,month of December, 2024.
Thereafter, the de facfo complainant threatened the accused family
alleging that because of the co.mplaint given by the accused, his
brother took an extreme step of committing suicide and he also
threatened accused No.3 that he would circulate her morphed
photos. In connection with that, accused No.1 resorted in filing a
Writ Petition No.31445 of 2024 before this Court and pursuant to
filing of the said Writ Petition, a case in Crime No.1 of 2025 of
Yelamanchili Police station, under Sections 329 (4),131, 351 (2)
read with 3 (5) of BNS, was registered against the de facfo
complainant and others. Unable to bear the same, the deceased
– had resorted in taking the extreme step of committing suicide. He
E
4
further submits that taking advantage of his motherJs suicide, the
de facfo complainant has foisted the present false case against the
petitioner/accused No.4 and he is no way connected with the
alleged incident.
7. Even accepting the entire accusations to be true,
pr,-ma fac,’e, there is any amount of .ambiguity as to whether the
aforesaid offence would attract as against the petitioner/accused
No.4 or not.
8. In order to attract an offence punishable under Section
108 of BNS, all the essential ingredients of Section 45 of BNS
would be attracted that there should be instigation, intentional
aiding or driving the woman to commit suicide.
9. Aplain reading of the material on record goesto show
that it is only in pursuant to the complaint registered against the
deceased family, she had taken the extreme step of committing
suicide. There is any amount of ambiguity as to whether the
offence under section 108 of BNS would attract or not, the same
needs to be examined.
10. Indisputably, accused Nos.1 to 3 have already
obtained anticipatory bail v,-de Order, dated 30.06.2025 passed by
this court in criminal petition No.6140 of 2025. The petitioner/
\
\
5
accused No_4, who is son of accused No.1 and who being a
student, has been langul’shing in J-udiCial custody from 15.O6.2O25.
ll. In view of the aforesaid facts and circumstances of the
case, thl-s Court is inclined to grant bail ‘{o the petitioner/accused
No.4 on the following conditions:
(i) The petitioner/accused No.4 shall be
enlarged on bail on his executing personal bond for
Rs.10,OOO/- (Rupees ten thousand only) with two
sureties for like sum each to the satisfaction of the
learned Principal Civil Judge (Junior Division)-cum-
Judicial Magistrate of First Class, Narasapur;
(ii) On release, the petitioner/accused No.4
shall appear before the station House Officer concerned
Once in a Week ,-.e. On every Sunday between 10.00
a.m. and 1.00 p.m., till filing of the charge sheet.
12. Accordingly, the Criminal Petition is allowed.
As a sequel thereto, the miscellaneous petitions, if any,
pending in this Criminal Petition, shall stand closed.
SD/-N.NAGAMMA
A SsS:ScTT:ONZffi lSTRAR
//TRUE COPY//
lCER
i, /
To,
1. The Principal Civil Judge (Junior Division)-Gum-Judicial Magistrate of
First class, Narasapur.
2. The S.H.O. Ye’amanchili Police Station, West Godavari District.
3. The Superintendent, Sub-Jail, Narasapur, West Godavari District.
4. One CC to SRI. RAMBABU KOPPINEEDI Advocate [OPUC]
5. Two CCs to Public Prosecutor, High Court of Andhra Pradesh [OUT]
6. One spare copy
CVSS
HIGH COURT
SRK,J
DATED : 03/07/2025
BAIL ORDER
CRLP.No.6733 of 2025
;i ,€i’S+`:art’
i? .J!.i_3L
ALLOWED
-.,)
(
;I \\ ill \\1\
1p EI!E
•*Sgrngfg pe-,i-5
I Ir-
