Andhra Pradesh High Court - Amravati
Tholla Rama Sunkanna vs State Of Ap on 18 August, 2021
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
CRIMINAL PETITION NO.4530 of 2021
ORDER:-
This petition is filed under Section 438 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking pre arrest bail to the petitioner/Accused in the event of his arrest in connection with Crime No.97 of 2021 of Parvathipuram Town Police Station, Vizianagaram District for the offences punishable under Sections 417, 493, 313 of the Indian Penal Code, 1860 (for short 'IPC').
2. The case of the prosecution is that the accused married the defacto complainant with deceitful words by hiding his first marriage, cohabited with her and when the defacto complainant got pregnancy, he beat her and made her to get abortion.
3. Heard Sri Lakshmikanth Reddy Desai, learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State.
4. Learned counsel for petitioner submits that the petitioner is aged about 35 years and he was falsely implicated in this case without there being any incriminating material against him and the ingredients under Section 493, 417 and 313 IPC are not attracted to this case. He submits that the petitioner is a government employee and arresting him would affect his job. He further submits that he is ready to cooperate with the investigation, his case may be considered for grant of pre arrest bail.
5. On the other hand, the learned Assistant Public Prosecutor submits that there are photographs to show that the petitioner has 2 married the defacto complainant and LW2, owner of the house gave statement that the defacto complainant and the petitioner are stayed in his house by paying rent and as the investigation is pending, he is not entitled for grant of pre arrest bail.
6. The Courts while granting bail has to take into consideration, i. The nature and gravity of the accusation and the exact role of the accused must be properly comprehended before arrest is made; ii. The antecedents of the applicant including the fact as to whether the accused has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence; iii. The possibility of the applicant to flee from justice; iv. The possibility of the accused's likelihood to repeat similar or the other offences.
v. Where the accusations have been made only with the object of injuring or humiliating the applicant by arresting him or her. vi. Impact of grant of anticipatory bail particularly in cases of large magnitude affecting a very large number of people. vii. The courts must evaluate the entire available material against the accused very carefully. The court must also clearly comprehend the exact role of the accused in the case. The cases in which accused is implicated with the help of Sections 34 and 149 of the Indian Penal Code, the court should consider with even greater care and caution because over implication in the cases is a matter of common knowledge and concern;
viii. While considering the prayer for grant of anticipatory bail, a balance has to be struck between two factors namely, no prejudice should be caused to the free, fair and full investigation and there should be prevention of harassment, humiliation and unjustified detention of the accused;
ix. The court to consider reasonable apprehension of tampering of the witness or apprehension of threat to the complainant; x. Frivolity in prosecution should always be considered and it is only the element of genuineness that shall have to be considered in the matter of grant of bail and in the event of there being some doubt as to the genuineness of the prosecution, in the normal course of events, 3 the accused is entitled to an order of bail." (Satlingappa Mhetre Vs. State of Maharashtra and Ors1) In the light of the law laid down by the Apex Court, it is a fit case for grant of bail.
7. Accordingly, this Criminal Petition is allowed. The petitioner/ Accused shall be enlarged on bail in the event of his arrest in Crime No.97 of 2021 of Parvathipuram Town Police Station, Vizianagaram District on his executing self bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the Station House Officer, Parvathipuram Town Police Station, Vizianagaram District.
Consequently, miscellaneous applications pending, if any, shall stand closed.
___________________________ LALITHA KANNEGANTI, J Date: 18.08.2021 sj 1 AIR 2011 SC 312 = MANU/SC/1021/2010 4 58 THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI (Allowed) CRIMINAL PETITION No.4530 of 2021 Date: 18.08.2021 sj