Anumalasetty Subbarao Alias … vs The State Of Andhra Pradesh on 10 March, 2026

    0
    40
    ADVERTISEMENT

    Andhra Pradesh High Court – Amravati

    Anumalasetty Subbarao Alias … vs The State Of Andhra Pradesh on 10 March, 2026

                                          1
    
     APHC010082252026
                        IN THE HIGH COURT OF ANDHRA PRADESH
                                      AT AMARAVATI                        [3396]
                               (Special Original Jurisdiction)
    
                        TUESDAY,THE TENTH DAY OF MARCH
                         TWO THOUSAND AND TWENTY SIX
    
                                     PRESENT
    
      THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
    
                         CRIMINAL PETITION NO: 1257/2026
    
    Between:
    
       1. ANUMALASETTY SUBBARAO ALIAS ANAMALASETTI SUBBARAO,
          S/O A RAGHAVALU, AGED ABOUT 60 YEARS, R/O D.NO.31-09-
                                                       D.NO.31
          10,VELPURU ROAD, TANUKU, WEST GODAVARI DISTRICT.
    
       2. ANUMALASETTY BHARATHA LAKSHMI ALIAS ANAMALASETTI
          BARATA LAKSHMI, W/O A SUBBARAO, AGED ABOUT 58 YEARS,
          R/O D.NO.31-09-10,VELPURU
                         10,VELPURU ROAD, TANUKU, WEST GODAVARI
          DISTRICT.
    
                                                   ...PETITIONER/ACCUSED(S)
    
                                        AND
    
       1. THE STATE OF ANDHRA PRADESH, Represented by its Public
          Prosecutor,Through S.H.O, Kakinada 11 Town Police Station, Kakinada
          District
    
                                              ...RESPONDENT/COMPLAINANT
    
           Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS
    praying that in the circumstances stated in the Memorandum of Grounds of
    Criminal Petition, the High Courtpleased to release the petitioners/Accused
    No.2 & 3, on bail in the event of their Arrest in Crime No. 17 of 2026, on the
    file of Kakinada II Town Police Station, Kakinada District and to pass
    
    Counsel for the Petitioner/accused(S):
    
       1. KARRE SATYANANDAM
    
    Counsel for the Respondent/complainant:
                                     2
    
    
      1. PUBLIC PROSECUTOR
    
    The Court made the following:
                                             3
    
    
         THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
    
                        CRIMINAL PETITION NO: 1257/2026
    
    ORDER:

    This Criminal Petition is filed under Section 482 of the Bharatiya Nagarik

    Suraksha Sanhita, 2023 (for brevity, “the BNSS”) by the Petitioners/Accused

    SPONSORED

    Nos.2 and 3 seeking grant of pre-arrest bail in connection with FIR No.17 of

    2026, dated 02.02.2026, registered on the file of Kakinada II Town Police

    Station, Kakinada District, for the alleged offences punishable under Sections

    85 and 108 of the Bharatiya Nyaya Sanhita, 2023 (for short “the BNS”) and

    Sections 3 and 4 of the Dowry Prohibition Act, 1961.

    2. Heard Sri K. Satyanandam, learned counsel for the petitioners, and

    Mrs. K. Lakshmi Priyanka, learned Assistant Public Prosecutor appearing for

    the State.

    3. The case of the prosecution, in brief, is that the de-facto complainant

    reported that her daughter, Anamala Venkata Surya Lakshmi Deepthi, aged

    about 36 years, was married to A-1 Anamala Jagadeesh Kumar in the year

    2014. At the time of marriage, the complainant and her husband allegedly

    gave dowry and performed the marriage in a grand manner. Subsequently, A-

    1 allegedly incurred debts and started harassing the deceased both physically

    and mentally to bring additional money from her parents to clear his debts. It is

    further alleged that in the year 2018 the deceased attempted suicide due to

    the harassment of her husband. Again in November, 2025, A-1 allegedly

    harassed her physically and mentally demanding money to clear his debts.
    4

    When the complainant and her husband questioned the in-laws of the

    deceased about such harassment, A-2 and A-3, who are the parents of A-1,

    allegedly supported A-1 and also demanded money. Thereafter, the

    complainant and her husband brought their daughter back to Kakinada. On

    02.02.2026 at about 12:00 noon, while the complainant’s husband had gone

    to his shop, the deceased allegedly committed suicide by hanging herself with

    a chunni to the ceiling fan at her parents’ house due to continuous harassment

    by her husband and in-laws. Based on the report of the informant, the police

    registered the above crime.

    4. Learned counsel for the petitioners would submit that the petitioners

    herein are Accused Nos.2 and 3, who are the parents of Accused No.1 and

    the parents-in-law of the deceased. He would further submit that the

    petitioners are old-aged persons suffering from several health issues and they

    are residents of Tanuku. He would further submits that petitioners never

    resided with the deceased and A-1 under the same roof. He further submits

    that the deceased and A-1 were residing at Varanasi due to the employment

    of A-1 and that the deceased had left the company of her husband and had

    been staying at her parents’ house since November, 2025. While so, she

    committed suicide on 02.02.2026, nearly four months later, at her parents’

    house. The marriage between the deceased and A-1 took place in the year

    2014. It is contended that the allegations against the petitioners are general in

    nature and do not attract the ingredients of the offence under Section 108 of
    5

    the BNS. The other offences alleged are punishable with imprisonment for

    less than seven years. The petitioners are ready to furnish sureties and abide

    by any conditions imposed by this Court. Hence, he prays that the petition be

    allowed.

    5. On the other hand, learned Assistant Public Prosecutor would submit

    that the petitioners are the parents-in-law of the deceased and that there are

    allegations against them that they harassed the deceased for additional

    dowry. She further submits that the investigation is still in progress and

    therefore prays for dismissal of the petition.

    6. Considering the submissions made on either side and on perusal of the

    material placed on record, this Court finds that the petitioners are the parents

    of A-1 and are stated to be aged persons. The deceased committed suicide at

    her parents’ house after she had been residing there for about four months

    prior to the incident. At this stage, the allegations against the petitioners

    appear to be general in nature. Further, the main part of the investigation

    appears to have been completed. In the facts and circumstances of the case,

    this Court is inclined to grant anticipatory bail to the petitioner by following

    conditions:

    i) In the event of arrest of the petitioners/Accused Nos.2

    and 3 in connection with Crime No.17 of 2026 of Kakinada II

    Town Police Station, Kakinada District, they shall be released on
    6

    bail by executing a self-bond for Rs.20,000/- each (Rupees

    Twenty Thousand only each) with two sureties for a like sum

    each to the satisfaction of the Station House Officer, II Town

    Police Station, Kakinada.

    ii) On release, the Petitioners/Accused Nos.2 and 3, shall

    appear before the Station House Officer concerned, once in a

    week i.e., on every Saturday between 10:00 AM and 05:00 PM,

    till filing of the charge-sheet.

    iii) The petitioners/Accused Nos.2 and 3 shall appear before

    the Investigating Officer as and when required and cooperate

    with the investigation.

    iv) The petitioners/Accused Nos.2 and 3 shall not directly or

    indirectly induce, threatened or influence any witness acquainted

    with the facts of the case.

    v) The petitioners/Accused Nos.2 and 3 shall not tamper with

    the prosecution evidence in any manner.

    vi) The petitioners/Accused Nos.2 and 3 shall not leave Andhra

    Pradesh without prior permission of the Court concerned.

    vii) The petitioners/Accused Nos.2 and 3, shall surrender their

    passports, if any, to the investigating officer. If they claims that
    7

    they do not have passport, they shall submit an affidavit to that

    effect to the Court concerned.

    7. In the event of violation of any of the above conditions, the prosecution

    shall be at liberty to seek cancellation of bail.

    8. It is also made clear that the observations made in this order are only for

    the purpose of deciding the bail application and they shall not be construed as

    opinion on the merits of the Crime.

    As a sequel thereto, the miscellaneous applications, if any, pending in

    this Criminal Petition shall stand closed.

    __________________________________________
    DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
    Date: 10.03.2026
    Note:

    C.C. by 11.03.2026
    b/o
    KKV
    8

    THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

    CRIMINAL PETITION NO: 1257/2026

    Date: 10.03.2026
    KKV



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here