Andhra Pradesh High Court - Amravati
Medisetti Karthik, vs The State Of Andhra Pradesh, on 9 December, 2020
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE NINTH DAY OF DECEMBER, TWO THOUSAND AND TWENTY : PRESENT : THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI CRL.P.No. 5553 of 2020 Between:- 1. Medisetti Karthik, S/o. Bhagavan 2. Medisetti Bhagavan, S/o. Chinna Satyam 3. Medisetti Durga, W/o. Bhagavan veces Petitioners/Accused Nos. 1 to 3. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Judicature of Andrha Pradesh at Amaravati. bees Respondent. Petition filed under Section 438 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 direct the SHO, Angara Police Station, East Godavari District to enlarge the petitioner on bail in the event of his arrest in Cr.No. 146 of 2020 on the file of Angara Police Station, East Godavari District. The petition coming on for hearing, upon perusing the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri T.D. Phani Kumar, Advocate for the Petitioners and of the 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.5553_ OF 2020 ORDER:-
This petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking to enlarge the petitioners/A.1 to A.3 on bail in the event of their arrest in connection with Crime No. 146 of 2020 on the file of Angara Police Station, East Godavari District, registered for the offence under Sections 341, 354 (a), 354D, 452, 323, 506 read with 34 of IPC.
2. The case of the prosecution is that on 02.11.2020, they have received a written complaint from the victim girl stating that she is studying degree, and since studying 10% class, A.1 herein proposing her, if it is not acceptable to her, he will pour acid on her. He used to send abusive messages to her phone. In spite of several warnings, he has not changed his attitude. On 19.10.2020 in the early hours at about 4.30 a.m., A.1 came to the house of victim girl and tried to force her, on hearing cries, her parents rescued her and later the matter was placed before the elders. It was proposed to the parents of A.1 to perform marriage with her. But the parents of A.1 i.e., A.2 and A.3 became wild and abused her parents, and then her mother consumed poison and joined in the hospital. Basing on that complaint, the present crime is registered.
3. Heard learned counsel for the petitioners and the learned Public Prosecutor appearing for the respondent-State.
4. Learned counsel for the petitioners submits that both the petitioner / A.1 and the defacto complaint love each other, it was 2 LK,J r1.P.No.5553 of 2020 not acceptable for the parents, and when the dispute has been raised before the elders, they stopped meeting each other. After that, on 19.10.2020 in the morning hours at 4.30 a.m. when both of them met at Ramalayam temple, the mother and father of the defacto complainant came there and pushed A.1 and her mother caught hold of A.1 legs together and her father beaten A.1 on his head with brick, on legs and stomach, and suffered with severe pain and her mother also injured with brick, beat her on the left hand arm, on back, and on upper lips and received sprain injuries. Basing on that a complaint was lodged by him and it was registered as Crime No.141 of 2020 dated 22.10.2020.
5S. Learned counsel for the petitioners submits that as counter-blast to the said the complaint, the present complaint was given by the defacto complainant.
6. Learned Public Prosecutor submits that there are specific overt acts against the petitioners and the accused was committed the heinous offence. under the POCSO Act. Hence they are not entitled for bail.
7. Considering the allegations in the first complaint and the present complaint, prima facie, it appears that, the petitioner/A.1 and the defacto complainant are in love with each other. In view of the same, this Court deems it fit to grant bail to the petitioner.
8. Accordingly, the Criminal Petition is allowed. The petitioners/A.1 to A.3 shall be enlarged on bail in the event of their arrest in connection with Crime No. 146 of 2020 on the file of Angara Police Station, East Godavari District, on their executing 2 % 3 LKJ Crl.P.No.5553 of 2020 personal bonds for a sum of Rs.20,000/- (Rupees Twenty thousand only) each with two sureties each for a like sum each to the satisfaction of the Station House Officer, Angara Police Station East Godavari District.
Z Sd/- R.Karthikeyan i AR // TRUE COPY// ASSISTANT for ASSISTANT Mc an To
1.The Special Court for Speedy Recovery Trial of Offences under the Protection of Children from Sexual Offences Act, 2012 (POCSO ACT), East Godavari District at Kakinada.
2.The Station House Officer, Angara Police Station, East Godavari District.
3.Two CCs to the Public Prosecutor, High Court of A.P., at Amaravati(OUT)
4.One CC to Sri T.D. Phani Kumar, Advocate(OPUC)
5.One spare copy.
TKK HIGH COURT LK.J DT.09-12-2020.
ANTICIPATORY BAIL ORDER CRL.P.No. 5553 of 2020 RELEASE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST 41060 a Jy