Kuppam Radha Krishna v. The State of Andhra Pradesh

Counsel for the Petitioner: Sri Kanderi Chethan ...Respondent/Complainant Counsel for the Respondent: Public Prosecutor The Court made the following; V‘- APHC010304022025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3396] (Special Original Jurisdiction) TUESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL APPEAL NO: 400/2025 Between:

1.KUPPAM RADHA KRISHNA, S/O. LATE K.P. VENKATA SWAMY, 18-1-5/A4,’ AGED RAMACHANDRA NAGAR, TIRUPATI, TIRUPATI (URBAN) MANDAL,’ TIRUPATI DISTRICT. YEARS, ABOUT DOOR R/0. NO. 59 AND ...APELLANT

1.THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravathi, Through Tirumala II Town Police Station, Tirupati District. ...RESPODENT Counsel for the Apellant:

1.KANDERI CHETHAN Counsel for the Respodent:

#1. PUBLIC PROSECUTOR The Court made the following: THE HONOURABLE DR JUSTICE VENKATA jyothirmai pratapa CRIMINAL APPEAL NO: 400/?n7‘; judgment- The present Criminal Appeal preferred Appellant/Accused No.1 against the order of the learned Special Judge for Trial of Cases under SC/ST (POA) Act 1989-cum-IV Additional District Judge, Tirupati, in Crl.M.P.No.164 of 2025 dated

17.06.2025 rejecting the application in Crime No. 40 of 2025 of II Town Police Station, Tirumala.

#2. The case of the prosecution is that the Accused No.1 cheated the defacto complainant who is a schedule caste girl by extorting money from them for arranging shop license, when asked and her family. He also used to observe the to return the same, abused her defacto complainant and other women while bathing and went for toilet in a private place.

#3. Heard Sri K.Chethan, learned Counsel for and Ms. K. Priyanka Lakshmi, learned Assistant the Appellant/Accused No.1 Public Prosecutor on behalf of the State.

#4. Learned Counsel for the appellant would submit that in fact, the dispute relating the shop between the appellant/accused and the defacto complainant, due to which, several cases have been lodged against him by the very same complainant. Learned Counsel would further submit that the appellant has been in judicial custody for the last forty five (45) days. Learned Counsel would further submit that charge sheet is matter. 3 cognizance of the offence is also taken. Learned Counsel finally submits that the appellant is ready to furnish sureties to the satisfaction of the Court.

#5. Learned Assistant Public Prosecutor opposed the appeal and would submit that four (4) cases of similar nature lodged against the appellant/accused. The statement of the victim has been recorded under Section 164 of Cr.P.C, charge sheet was filed in this matter. The Court has taken cognizance of the offence.

#6. Considering the submissions made and a fair look at the impugned order passed by the learned Special Judge for Trial of Cases under SC/ST (POA) Act, 1989-cum-IV Additional District Judge, Tirupati, in Crl.M.P.No.164 of 2025 dated 17.06.2025 would show that in the light of the seriousness of allegations made against appellant/petitioner therein, investigation was still in progress. The bail application was dismissed which is impugned in present appeal. Now in of the change of circumstances from the date of dismissal of the said application and further this is not the stage to decide the culpability by accepting the allegations. However, the charge sheet is this matter, the Court has taken cognizance of the offence. Hence, this Court is inclined to release the appellant on regular bail on the following condition; i. The Appellant shall execute personal bond for Rs.20,000/- (Rupees Twenty thousand only), with two sureties for a like sum each to the satisfaction of the concerned Trial Court.

#7. In the result, the Criminal Appeal is allowed. 4 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. To, Sd/- E KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER

#1. The Special Judge for Trail of Cases Under SC/ ST (POA) Act -Cum-VI Additional District Judge, Tirupati, Chittoor District, (by speed post) 2. The II Additional Civil Judge (Junior Division), Tirupati cum II Additional Judicial First Class Magistrate: Tirupati, Chittoor District, (by speed post)

#3. The Station House Officer, Tirumala II Town Police Station Chittoor District, (by speed post)

#4. The Superintendent, Nellore Central Jail, SPSR Nellore District, (by speed post)

#5. One CC to Sri Kanderi Chethan, Advocate [OPUC] 6. Two CC's to The Public Prosecutor, High Court of Andhra Pradesh Amaravati [OUT]

#7. The Section Officer, Criminal Section, High Court of Andhra Pradesh Amaravati.

#8. Three CD Copies SAM HIGH COURT DATED:01/07/2025 JUDGMENT CRLA No.400 Of 2025 ALLOWING THE CRIMINAL APPEAL