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Judgment
Dr Venkata Jyothirmai Pratapa, J
The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner/Accused on bail in Crime No.312 of 2025 of Alipiri Police Station, Tirupati, registered against the Petitioner/Accused herein for the offence punishable under Section 103(1) of Bharatiya Nyaya Sanhita, 2023.
Heard Mr. D. Purna Chandra Reddy, the learned Counsel for the Petitioner and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor.
The case of the prosecution in brief is that initially the accused being the mother of Ramya (deceased child) aged about six monghs, found the absence her child at her residence on 06.09.2025 at about 5.30 a.m., immediately, got alerted her husband, thoroughly searched, but failed to locate the said child, ultimately a written complaint was presented by her at Alipiri Police Station on 06.09.2025 under written endorsement by the Sub-Inspector of Police at about 12.30 p..m. During the course of investigation, it came to light that the accused had misrepresented the investigating agency in the form of filing a written complaint, and on interrogation revealed that the accused being a mother of two daughters, again gave birth to third daughter Ramya, who was aged about 6 months old as on the date of incident, tried her level best to sell away the said child, but could not succeed in her attempt. The nature of allegartions point out that the accused had decided to see the end of the life of her third daughter, in the said process, she had visited to drainage canal at Korameenugunta tank, threw the said child in the said drainage canal and committed the offence.
Learned counsel for the petitioner would submit that the petitioner herein is the mother of the deceased, who was six months old. He would further submit that the investigation in this case has been completed and that the charge sheet has also been filed, whereupon the Court has taken cognizance and numbered the case as P.R.C. No. 65 of 2025. He would further submit that the petitioner has been in judicial custody since 06.09.2025 and that her request may be considered, as she is ready to furnish sufficient sureties to the satisfaction of the learned Trial Court to secure her presence for the purpose of trial.
Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor, would submit that the investigation has been completed and that the charge sheet has been filed and numbered as P.R.C. No. 65 of 2025.
Considering the submissions made, upon perusal of the material on record, and taking into consideration the facts and circumstances of the case, since the investigation has been completed, there is no likelihood of the petitioner influencing the witnesses or tampering with the evidence. In this view of the matter, this Court is inclined to allow the present petition, subject to the following stringent conditions:”
i. The Petitioner/Accused shall be enlarged on bail subject to her executing a personal bond for a sum of Rs.20,000/- (Rupees twenty thousand only) with two sureties each for the like sum each to the satisfaction of the learned IV Additional Civil Judge (Junior Division)-cum-Judicial Magistrate of First Class, Tirupati.
ii. The Petitioner/ Accused shall appear before the learned trial Court on every adjournment without fail.
iv. The Petitioner/Accused shall not commit or indulge in commission of any offence in future.
v. The Petitioner/Accused shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer.
Accordingly, the Criminal Petition is allowed.