Andhra Pradesh High Court - Amravati
Seru Rambabu, vs The State Of Andhra Pradesh, on 5 March, 2021
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARA\ FRIDAY, THE FIFTH DAY OF MARCH, TWO THOUSAND AND TWENTY ONE 33 : PRESENT : wang ao THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI CRL.P.No. 1313 of 2021 Between:- Seru Rambabu, $/o. Satyanarayana. vanes Petitioner/Sole Accused. AND The State of Andhra Pradesh, Through the Station House Officer/the Sub Inspector of Police, P. Gannavaram Police Station, P, Gannavaram Mandal, East Godavari District, Rep. by the Public Prosecutor, High Court of A.P., at Amaravati. weeee Respondent/Complainant. Petition filed under Sections 437 & 439 of Cr.P.C. praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to enlarge the Petitioner/Sole Accused herein on regular bail pursuant to Crime in FIR No. 4 of 2021, dated 08-01-2021 of P. Gannavaram Police Station, P. Gannavaram Mandal, East Godavari District, pending further investigation of said Crime in the interest of justice. The petition coming on for hearing, upon perusing the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri Gade Venkateswara Rao, Advocate for the Petitioner and the Addl. Public Prosecutor on behalf of respondent/State, the Court made the following ORDER :
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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO. 1313 OF 2021 ORDER:-
This petition is filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking regular bail to the petitioner/Accused in connection with Crime No.4 of 2021 of P.Gannavaram Police Station, P.Gannavaram Mandal, East Godavari District, registered for the offences punishable under Sections 354-A, 417, 376(2)(n) of Indian Penal Code, 1860.
2. The case of the prosecution is that a complaint was lodged stating that the petitioner went to the house of the de facto complainant for repairing ceiling fan and at that time he has taken the phone number and used to talk with the complainant, they used to talk with each other and their relationship developed from there. In the process, with a promise to marry her, he had sexual intercourse with her, later he refused to marry her. Basing on the said complaint, the present crime is registered.
3. Heard Sri Gade Venkateswara Rao, learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent-State.
4, Learned counsel for the petitioner/Accused submits that the petitioner has nothing to do with the said offence and he has been falsely implicated in this case. Learned counsel for the petitioner submits that even if all the allegations are taken on its face value they do not attract the offences alleged. Further he submits that the petitioner is languishing in jail from 08.01.2021, as such his case may be considered for grant of bail.
5. Learned Additional Public Prosecutor submits that the investigation is completed, 17 witnesses were examined and awaiting for medical reports.
6. Taking into consideration the fact that the investigation is completed, this Court deems it appropriate to grant bail to the petitioner.
7. Accordingly, the Criminal Petition is allowed. The petitioner/Accused shall be released on bail on condition of executing self bond for Rs.20,000/- (Rupees twenty thousand only) . with two sureties for a likesum each to the satisfaction of the Court of the Special Court for Speedy trial of Offences under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), East Godavari District at Kakinada. Consequently, miscellaneous applications pending, if any, shall stand closed.
U. SRIDEVI ASSISTANT REGIS / {TRUE COPY// / for SECTION ion of i: i 'al of Offences under the Protection 0
1. The Special Court for Speedy Trial o pgCsO ACT) 2 i Sexual Offences Act, 201 PL dee, ch edavar District at Kakinada/VI Additional Sessions Juag 2 Heston House Officer, P. Gannavaram Rural Police Station, ; Dictrict, | ndal, East Godavari Distric istrict. 3 P Canna endent Special Sub-Jail, Kakinada, East Godavari Dis The , ti(OUT) i ish Court of A.P., at Amarava the Public Prosecutor, Hig Fone CC to Sri Gade Venkateswara Rao, Advocate(OPUC)
6.One spare Copy.
TKK HIGH COURT LK.J DT.05-02-2021.
BAIL ORDER CRL.P.No. 1313 of 2021 RELEASE THE PETITIONER ON BAIL Zao NN) Di na Se tt (SO2 eG 'ty ws ff 2 XG jot a ve te 9 MAR 2021 Ve "7 Ns *, i af Noes SPAT renee"
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