Andhra Pradesh High Court - Amravati
Mungamuri Rahul Bhaskar vs The State Of Andhra Pradesh on 17 August, 2022
THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI
CRIMINAL PETITION No.6096 OF 2022
ORDER:
This Criminal Petition is filed under Sections 437 & 439 of Criminal Procedure Code ('Cr.P.C.' in short), seeking regular bail, by the petitioner/ Accused No.1 in Crime No.192 of 2022 of Prakash Nagar Police Station, Rajamahendravaram Urban, registered for the offences punishable under Sections 417, 420, 376, 354 and 506 read with 34 of the Indian Penal Code 1908 ('IPC' in short).
2. The case of the prosecution, in brief, is that the de facto complainant, on 19.06.2022, gave a complaint stating that her parents arranged her marriage alliance with the petitioner herein by offering huge dowry. Actually the marriage was proposed to be performed in January, 2022 and later it was postponed to April, 2022. During the gap period, the petitioner used to chat, call and meet the de facto complainant. It is stated that in the month of December, 2021, they went to Dominos Pizza centre in the petitioner's car and on the pretext of eating pizza in the car, he took her to Central Jail area and exploited her sexually and subsequently, repeated the same by taking her to GSL Hospital surroundings, in his car. Further, the petitioner forced her to appear naked on Whatsapp and Instagram, when she refused to do so, he threatened her that he will commit suicide and she subdued to his request on threatening. Later, when the de facto complainant came to know that the petitioner is going to marry another girl, she called the petitioner, but there was no response. In the mean while, petitioner's maternal uncle sent mediators threatening to withdraw the alliance. As the petitioner and his family members refused to perform marriage of the petitioner with the 2 de facto complainant, she filed the present complaint. Accordingly, the above crime was registered against the petitioner and other accused.
3. Heard Sri T.V. Jaggi Reddy, learned counsel for the petitioner and Sri Soora Venkata Sainath, learned Special Assistant Public Prosecutor for the respondent-State.
4. Learned counsel for the petitioner, in elaboration to what has been stated in the grounds, contended that the allegations in the FIR are vague and bald and prima facie does not constitute any offence much less the offences alleged in the FIR.
It is also contended that the petitioner is languishing in jail since 22.07.2022.
It is further stated that the petitioner filed Crl.M.P.No.1265 of 2022 before the learned Sessions Judge, seeking grant of bail. The same was dismissed by the learned Sessions Judge on the ground that the allegations against the petitioner are serious in nature and investigation is still pending.
It is further contended that when the petitioner and his parents did not agree for the marriage, the de facto complainant foisted this false case. In support of his contention, the learned counsel for the petitioner relied on the decision of the Apex Court in Ansaar Mohammad v. The State of Rajasthan1.
5. On the other hand, the learned Special Assistant Public Prosecutor submitted that the petitioner cheated the de facto complainant on the pretext of marriage and the allegations are serious in nature. He submitted that if bail is granted, pending investigation, the petitioner may 1 2022 Live Law (SC) 599 3 not co-operate with the investigation and, hence, prayed for dismissal of the Petition.
6. Perusal of the record shows that there is consent between the de facto complainant and the petitioner and it is also prima facie evident that when the de facto complainant felt that the relationship between her and the petitioner is not going to work out, she filed the present complaint.
As per the decision of the Apex Court relied on by the learned counsel for the petitioner, cited supra, when the complainant is willingly had relationship, if the relationship is not working out, the same cannot be a ground for lodging an FIR for the offence under Section 376 of IPC.
The said decision is squarely applicable to the facts of the present case. Taking the submissions of the learned counsel for the petitioner and the material available on record into consideration, this Court is of the view that this complaint was lodged when the relationship between the de facto complainant and the petitioner is not working out.
7. In these circumstances, this Court is inclined to grant regular bail to the petitioner, however, by duly taking the apprehension of the learned Special Assistant Public Prosecutor into consideration, on the following conditions:
(i) The petitioner shall be released on bail on his executing self bond for Rs.25,000/- (Rupees twenty five thousand only) with two sureties for a like sum each to the satisfaction of the learned II Additional Judicial Magistrate of First Class, Rajamahendravaram;
(ii) The petitioner shall appear before the Station House Officer, Prakash Nagar Police Station, Rajamahendravaram Urban, once in a week 4 i.e. on every Sunday between 10.00 a.m. and 02.00 p.m. till filing of the charge sheet; and
(iii) The petitioner shall not directly or indirectly contact the complainant or any other witnesses under any circumstances and any such attempt shall be construed as an attempt of influencing the witnesses and shall not tamper the evidence and shall co-operate with the investigation.
Further, the petitioner shall scrupulously comply with the above conditions and in case of infraction of the same, the prosecution is at liberty to move appropriate application for cancellation of bail.
It is made clear that this order does not, in any manner, limit or restrict the rights of the Police or the investigating agency from further investigation as per law and the finding in this order be construed as expression of opinion only for the limited purpose of considering bail in the above Criminal Petition and shall not have any bearing in any other proceedings.
Accordingly, the Criminal Petition is allowed.
Miscellaneous applications, pending if any, shall stand closed.
________________________ JUSTICE RAVI CHEEMALAPATI 17th August, 2022 GBS