Andhra Pradesh High Court – Amravati
Duba Ayyapa Swamy, vs The State Of Andhra Pradesh, on 29 May, 2025
A ~+z£ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI#^:€
THURSDAY ,THE TWENTY NINETH DAY OF MAY
TWO THOUSAND AND TWENTY FIVE z
:PRESENT:
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION NO: 5765 OF 2025
Betwee n :
Duba Ayyapa Swamy, S/o Duba Madh'ava Krishna, aged 39 years, R/o. 68-8-
15/14, Ideal Co]]ege, Ashok Nagar, Kakinada, Kakinada Djstric{, Andhra
Pradesh Now residing at Flat 203, Resoviour Road Apartment, Honour NH,
USA.
Petitioners/Accused No.1
AND
The State of Andhra Pradesh, Represented by its Public Prosecutor, High
Court ofAndhra Pradesh, High Court Buildings at Nelapadu, Guntur District,
Andhra Pradesh.
Respondents
Petition under Section 482 of BNSS, 2023(Section 438 of Cr.P.C), is
filed prayl'ng that in the circumstances stated in the memorandum of grounds
filed in support of the criminal petition, the High CoJurt may be pleased to
release the petitioner on pre-arrest bail in the event of his arrest in crI'me No.
67/2025 dated 20.02.2025 on the file of the Amalapuram Town Police Station,
Dr. B.R.Ambedkar Konaseema District.
IANO: 1 OF 2025
Petition under section 528 of BNSS, 2023(Section 482 of Cr.P.C),
Praying that in the circumstances stated in the memorandum of grounds filed
in support of the Criminal Petition, the High Court may be pleased to grant
interim pre arrest bail to the petitioner, pending disposal of CRLP 5765 of
2025, on the file of the High Court.
The petition coming on for hearing, upon perusing the petition and the
memorandum of grounds filed in support thereof and upon hearing the
arguments of Sri V SAI KUMAR, Advocate for the Petitioner and of PUBLIC
PROSECUTOR for Respondent, the court made the following
ORDER
+
HONOURABLE DR. JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION No.5765 of 2025
ORDER:
The Criminal Petition has been fI|led under Sections
480 and 483 of the Bharatiya Nagarik Suraksha Sanhita,
2023 (for brevity [the BNSSJ), seeking to release the
Petitioner On Pre-arrest bail in Crime No.67 of 2025 on the
fI’le Of Amalapuram Police Station, registered for the offences
punishable under section 85 read with 3 (5) of Bharatiya
Nyaya Sanhita, 2023 (for brevity {lBNS”).
2. The case of the prosecution in nutshell is that the
marriage of the cye facfo complainant was performed with the
petitioner way back in 2011 on 19.03.2011 at Kapu Kalyana
Mandapam, Amalapuram. Prior to the marriage, the parents
of the de facfo complainant gave dowry and other gifts to the
petiti\oner. sI’nCe from 2011 onwards, the petitioner/A.1
has been harassing the de facto compla+-nant and that
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he is maintaining extra marital affair with his
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classmate. It is alleged that the
de facfeFa£OmPlainant along With the petitioner filed
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divorce application in Case No.D-506-DM-2024-00028
before the V Judicial District Court at State of New Mexico,
County of LEA and to that effect they entered into marital
statement agreement.
3. Heard learned counsel for the petitioner and the
learned Assistant Public Prosecutor. Perused the record.
4. Sri V. Sai Kumar, learned counsel for the petitioner
submits that the marriage between the petitioner and his wife
was dissolved by the V Judicial District Court at State of New
Mexico, County of LEA vide proceedings in Case No.D-506-
DM-2024-00028. He submits that this Court granted
protection to the parents of the petitioner in the present
crime.
5. Per cot,fro, Ms. P. Akila Naidu, the learned Assistant
Public Prosecutor submits that the present petition may be
disposed of directing the Investigating Officer concerned to
comply with the provisions of Section 41-A of the Code of
Criminal Procedure/Section 35 (3) of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
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6. The petitioner apprehends that soon after he lands in
India, within a couple of days, the poll-Ce are going tO arrest
him on the compla’lnt lodged by the de facto com lainant in
crime No.67 of 2025. In view of the dissolution Of the
marriage between the petitioner and the wife by the
Competent Court at United States of America, the
matrimonial tie between the petitioner and his wife has been
severed
6. In view of above facts and circumstances Of the Case, this
court is -Inclined to consider request of petitioner for grant Of
anticipatory bail.
7. Accordingly, this criminal petit’lon iS allowed with the
following d’IreCtiOnS:
a) In the event of arrest of{he petitioner, the Petitioner Shall be
enlarged on bail on executing a p_ersonal bonL± for a Sum Of
Rs.±P±_000/- (Rupees ten thousand only_), With two Sureties each
for the like sum each to the satisfaction of the arresting police
officials; /.
`. `
b) The petltI'Oner sha" make hlmselfavallable for lnVeStl'gatIOn
as and when required,-
c) The petl-tl-oner sha" not cause any threat, I-nducement or
promise to the prosecution wI-tnesses,I
8. AccordI’ngly, the Criminal pet,’tjon I|S a”owed.
/
//TRUE COPY/I
To,
1. The SHO., Amalapuram Town police statlon, Dr. B.R.Ambedkar
Konaseema Dl-strict.
2. One cc to SRI. V SAI KUMAR Advocate [opucJ
3 Two cos to the puBL’C PROSECUTOR, Hlgh court ofA.P fOPUC]
4. One spare copy
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-` H[GH COURT
DR.YLR,J
DATED:29/05/2025
BAIL ORDER
CRLP.No.5765 of 2025
ALLOWED