Andhra Pradesh High Court - Amravati
Patan Chand Begum vs The State Of Andhra Pradesh on 2 September, 2022
IN THE NIGH COURT OF ANDHRA PRADESH AF AMARAVAT FRI pay, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY TWO) 7 -PRESENT: THE HONQURABLE SRI JUSTICE RAV! ) CHEEMALAPATI CRIMINAL PETITION NO: 6293 OF 2022 Between: 4. Faian Chand Begum, W/o Gefoor @ Gafoor Khan, Aged about 46 . years, native of Viniamur Vilage now residing Aft rail street, Janardhan Reddy Colony, Venkateswara Puram, Nellore. 8PSR Nellore District te Patan Salman Khan, S/o Gafoor @ Gfoor Khan, Muslims, 24 Years, Rall Street, Janardhan Reddy Colony, Venkateswara Puram, Nellore, SPSR Nellore District Patan Nagur Vall, S/o. Mahabeob Khan, Muslim, 44 Years, as Gummalladibba Vilage, Kovur, Nellore, SPSR Nellore District 4, Shalk Munna, Sfo Bikari oaheb, 40 Years, Muslim, Janandhan Reddy Colony, Venkateswara Puram, Nelicre, SPSR Nellore District . Petitioners I to dAccused Na. 2 ta & . AND The Siete of Andhra Pradesh, Rep. by its Public Prosesutor, High Court of Andhra Pradesh, Amaravathi, . Respondants Patition fled under Sections 487 & 459 of Cr PLC, prayin 1g that in the circumstances stated in the memorandum of grounds fled in support of the Criminal Petition, the High Court may be pisased to release the Petitioners wha was arrayed as Accused no. 2 to 5 on ball in cormection with Crime No. ¥4 of 2022 on the fils of Nawabpel Poline station, Nellore SPSR Nellore District, The peldion coming on for hearing, upon perusing the Criminal Petitian and the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri Siva Prasad Reddy Venatl, Advocate for the Petitioner(s}, and of Sravan Kumar Naldana, Special Assistant Public Prosecutor for the Respondent State, the Court made the following: | ORDER THE HON BLE SRI JUSTICE RAVI CHEEMALAPATS CRIMINAL PETITION No. b293 OF 2022 OROER: This Criminal Petition is flecl under Sections 437 and 439 af the Criminal Procedure Cesle CCr.P.C.' In short, seeking regular bal, By the nefitioners/Accused Nas.2 to 5 in rime No.ivad of 2022 of Nawaboet Police Station, SPSR Nellore District, registered for the offences punishable uncler Sections 375, 420, 109 read with 34 of the Inclan Penal Code, i908 CIRC', in short} and Section 3 (a) of the Protection of Children fram Sexual Gifences Act, 2012. 2. The case of the prosecution, in brief, is that AL followed the oe facta complainant on the pretext of fove and sexually explmibed her by sromising to marry her with the active support of A2 to Ab, who are netitioners herein. When the ce facia complainant and her parents brought marriage oronosals, they refusecl to perform marriage of Al and the de facte complainant. Hence, the above cr me was registered against the petitioners and another. bad am 4 fy bese oh yy z eB "ts 4 ois AS ob Ch "54 £> 'ecidy Venati, learned Counsel for the ~~ te petitioners and Sri Sravan Kumar Neicana, learned Special Assistant be 4, Learned course! for the petitioners, In elaboration to what has been raised in the grounds, contended that the petitioners were falsely implicated in the present Crime. If is his further contention that the allegations in the complaint do not attract the ingredients of Section 276 of IPC and also any of the provisions of the Protection of Children from Sexual Offences Act, 2012. Further, i is.stated that the petitioners are languishing in jail since 76 days and investigation is almost cornpleted. it is further stated' that the Criminal Miscellaneous Petition No.ta4 of 2022 filed by the petitioners before the Sessions Court was dismissed on 02.08.2022 on the ground that investigation is still pending, ft is stated that subsequent to the said dismissal order, there fs much pragress in the investigation anc investigation is almost completed. Herice, prayed for considering the ball application. 5. Learned Special Assistant Public Prosecutor opposed the application and contended that-though investigation is completed and may threaten the victim girl, may influence the witness and may not co-npeérate with the further investigation, WF any and trial Accordingly, prayed for dismissal of the Petition. Co gcd had 6. Taking submissions of both the jlearnec counsel into prime fade does mot attract any nh ~ consideration and as the complaint. ingredients of Section 376 and alsa the provisions of the Protection of Children from Sexual Offences Act, 2012, against the petitioners herein and since the getitioners are languishing in jail since 76 days and investigation fs almost completed, this Court Is inclined fo grant ball to the petitioners, however by duly taking the apprehensions of the learned Special Assistant Public Prosecutor into consideration, an the Following candlitio 3) The petitioners shall be releasecl on ball on their executing self bond for £s.25,000/- (Rupees Qventy five thousand only} gach with hwo sureties each for a fike sum each to the satisfaction of the U AddWional Judicial Macistrate of First Class, Nellore, SPSE Nellore Cystr ict: Gh The petitioners shal appear before the Station House Officer Nawabpet Police Sbation, SPSR Nellore District, once In &@ week 1. on every Sunday between 10.00 arn. and 12.00 noon, tii fillng of the charge sheet; (f} The petitioners shall not directly or indirectly contact the ce facto comolainantvictim gliri or her family members and witnesses under any circumstances in this regard and any such attempt shall be construed as an attempt of influencing the witnesses and shail not tamper the evidence; anc oy ¢ Gy} The petiioners shall co-goerate with the further investigation, if any and trial. Further, the petitioners shall scrupulously comnly with the above conditions and breach of any of the above conditions wil be viewed Seriously and prosecution is at Eberty to move an agplication for cancellation of the ball, itis mace clear thet this order does not, In any manner, limit or restrict the rights of the Palice or the investigating agency from further ny estigation as per law and the Andings in this order be construed as expression of upinion only for the limited purpose of considering the ball | in the above crime and shall not have any bearing in any other procesdings, Accordingly, the Criminal Petition is allowed, Miscellaneous applications, pending if any, shall stand closext, Sd/- A. VAIAY BABU ASSISTANT REGISTRAR UTRUE COPY! 7 SECTION OFFICER Fo. POR NS OVA ON AWE a oe © NOOR NS . The Uo Additional dudicial Mag! strate of First Class, Nellore, SPSR Nellore District. The Slation House Offi cer, Nawabpet Police Statian, SPOR Nellore District. The Superintendent, Central Prison, Nellore, SPSR Neflore District. One CC to Sri. Siva Prasad Reddy Venati, Advocate [OPUC] Gre GC io Sn Sravan Kumar Neidana, Special Assistant Public ~ Prosecutor, High Court of Andhra Pradesh [OU Y ] One spare copy HIGH COURT RG J DATED O2/0S/ 2022 ORDER
CRLP.No 6295 of 2022 ALLOWED