Andhra Pradesh High Court - Amravati
Naganna Gari Lalitha Latha vs The State Of Andhra Pradesh on 13 September, 2023
Author: K.Suresh Reddy
Bench: K.Suresh Reddy
THE HON'BLE SRI JUSTICE K.SURESH REDDY
CRIMINAL PETITION No. 6713 OF 2023
ORDER:
The present criminal petition, under Section 438 Cr.P.C., is filed by the petitioners-accused Nos. 2 and 3 seeking their release on bail in the event of arrest in crime No. 49 of 2023 of Muttukur Police Station, S.P.S.R. Nellore District. Initially, the above crime was registered under 'Girl Missing Person'. Thereafter, Section of law was altered to Sections 344, 363, 365, 366, 366-A, 376 (2)
(n), 120-B read with Section 109 IPC, Section 5 (l) read with Section 6 of Protection of Children from Sexual Offences Act, 2012, and Sections 9 and 10 of Prohibition of Child Marriage Act, 2006.
2. Heard Sri Challa Gunaranjan, learned counsel appearing for the petitioners-accused Nos. 2 and 3, and learned Special Assistant Public Prosecutor appearing for the respondent-State.
3. Case of the prosecution is that de facto complainant is a resident of Chalavemula Village, Putlur Mandal, Anantapur District. He was blessed with three daughters and one son. His eldest daughter by name Thanuja (hereinafter referred to as 'the victim girl'), aged about 17 years, completed her Intermediate and joined 2 in Bachelor of Pharmacy Course at Jagan's Pharmacy College, Jangala Kandriga Village, Muttukur Mandal, S.P.S.R. Nellore District. On 10-04-2023, father-in-law of de facto complainant dropped the victim girl at Pharmacy College and went away. Thereafter, the victim girl did not return from the college. On 16-04-2023 at about 3 p.m. when de facto complainant telephoned to the victim girl, the phone was switched off. Having suspicion, de facto complainant telephoned to the college authorities who in turn informed him that the victim girl went along with her aunt by applying permission to the Principal. Thereafter, as the searches of the victim girl were not found, de facto complainant gave a report to police. During the course of investigation, on 19-05-2023, the police traced the victim girl who was residing along with accused No. 1 at Electronic City, Bengaluru. Thereafter, accused No. 1 was arrested and the victim girl was brought back and was given custody to her parents. During the course of investigation, a statement under Section 164 Cr.P.C. was recorded from the victim girl, in which she stated that on 15-04-2023, accused No. 1 informed her that both of them will get marriage; 3 that accordingly, on 16-04-2023, accused No. 1 along with accused Nos. 2 and 3 came in a car and took the victim girl in the said car and that thereafter, marriage of the victim girl was performed with accused No. 1 in a temple and they were residing in Bengaluru till 19-05-2023, on which date the police traced the victim girl. In her 164 Cr.P.C. statement, the victim girl stated that she voluntarily accompanied accused No. 1 and she married accused No. 1 with her own consent.
4. Learned counsel for the petitioners-accused Nos. 2 and 3 contends that so far as the petitioners are concerned, except stating that they accompanied in the car, no other allegation has been made against them and that so far as the offence under Section 376 (2) (n) IPC is concerned, it is applicable only to accused No. 1 who was already enlarged on bail by the Court below and therefore requests this Court to grant anticipatory bail to the petitioners-accused Nos. 2 and 3.
5. Learned Special Assistant Public Prosecutor, on the other hand, confirms the factum of grant of bail to accused No. 1 by the Court below.
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6. In that view of the matter, this Court is inclined to grant anticipatory bail to the petitioners-accused Nos. 2 and 3, in view of 164 Cr.P.C. statement of the victim girl, with certain conditions.
7. The petitioners-accused Nos. 2 and 3 are, therefore, directed to surrender before the Station House Officer, Muttukur Police Station, S.P.S.R. Nellore District, within a period of ten days from today. On such surrender, the petitioners-accused Nos. 2 and 3 are ordered to be enlarged on bail on their executing each a personal bond for Rs.20,000/- with two sureties for the like sum each to the satisfaction of the Station House Officer, Muttukur Police Station. After release, the petitioners-accused Nos. 2 and 3 shall cooperate with the investigating agency and shall not tamper with the prosecution witnesses.
8. Accordingly, the criminal petition is allowed.
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Date: 13-09-2023, JUSTICE K.SURESH REDDY
JSK
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THE HON'BLE SRI JUSTICE K.SURESH REDDY
CRIMINAL PETITION No. 6713 OF 2023
DATE: 13TH SEPTEMBER, 2023
JSK