Kanchi Gowthami Alias K Gowri vs State Of Andhra Pradesh

Dr Y. Lakshmana Rao, J

Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the Petitioner/Accused No.3 for granting pre-arrest bail in connection with Crime No.75 of 2024 of Kanipakam Police Station, Chittoor, registered for the alleged offences punishable under Sections 109(1), 126(2), 351(3), 79 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’).

The case of the prosecution is that on 25.12.2024 at about 8:00 P.M., near the house of Smt. S. Santhamma, a dispute arose regarding a pathway between the complainant and Accused Nos.1 to 3. On that day, Accused Nos.1 to 3 quarreled with the complainant’s mother, Santhamma, and threatened her with dire consequences, stating that if she came on their way, they would kill her. Later, at about 8:00 P.M. on the same day, Accused Nos.1 to 3 went to the house of Santhamma and abused her in filthy language. On learning of this, the complainant rushed to the spot and witnessed the quarrel. Out of fear, she ran towards her house to inform her husband. At that time, with the intention to kill her, Accused Nos.1 to 3 chased and wrongfully restrained her. Accused No.3 caught hold of the complainant and threw her to the ground. Thereafter, Accused No.1 hacked the complainant with a knife, causing a bleeding injury above her left elbow, and Accused No.2 hacked her with a knife, causing a bleeding injury on her upper back. On witnessing this, villagers Naresh and Mohan Babu rushed to rescue the complainant, during which they also sustained abrasions. The complainant was then shifted to the Government Hospital, Chittoor, through a private vehicle for treatment. After receiving treatment, she returned to her house. Hence, the FIR.

Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record.

Sri Shaik Afzal Mohammed, the learned counsel for the petitioner, submits that the petitioner has not committed any offence; she was falsely implicated in this case. She is the sole breadwinner of her family. She is ready to abide by any conditions to be imposed by this Court. It is urged to grant pre-arrest bail to the petitioner.

Per contra, Ms. P. Akhila, the learned Assistant Public Prosecutor, opposed in granting of bail stating that some more material witnesses have to be examined; investigation is not completed; if the petitioner is enlarged on bail, she would not be available for the investigation and she would escape from the clutches of law. However, it is submitted that there are no adverse antecedents against the petitioner, and requested to pass appropriate orders.

As seen from the record, the petitioner/Accused No.3 is a female aged about 32 years. The allegation leveled against her by the de-facto complainant is that she pushed down the complainant to the ground, whereupon Accused Nos.1 and 2 attempted to attack the complainant with knives. However, the de-facto complainant did not sustain any injury. So far, nine witnesses have been examined. Considering the nature and gravity of the allegation levelled against the petitioner and her alleged role played in this case, this Court deems it fit to grant pre-arrest bail to the petitioner/accused No.3.

In the result, the Criminal Petition is allowed with the following conditions:

i. In the event of his arrest, the Petitioner/Accused No.3 shall be enlarged on bail subject to her executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only), each with two sureties for the like sum each to the satisfaction of the arresting police officials;

ii. The Petitioner/Accused No.3 shall make herself available for investigation as and when required;

iii. The Petitioner/Accused No.3 shall not cause any threat, inducement or promise to the prosecution witnesses;

iv. The Petitioner/Accused No.3 shall appear before the Station House Officer concerned once a week i.e., every Saturday between 10.00 a.m. and 5.00 p.m., till filing of the charge sheet.

v. The Petitioner/Accused No.3 shall not leave the limits of the State of Andhra Pradesh without the express permission from the Station House Officer concerned.

vi. The Petitioner/Accused No.3 shall surrender her passport, if any, to the investigating officer. If she claims that she does not have passport, he shall submit an affidavit to that effect to the investigating officer.