Andhra Pradesh High Court - Amravati
Ambati Mariya Babu, vs The State Of A.P. on 18 January, 2021
[3240 ]
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MONDAY, THE EIGHTEENTH DAY OF JANUARY,
TWO THOUSAND AND TWENTY ONE
:PRESENT:
THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI \\ 83%
CRIMINAL PETITION NO: 6229 OF 2020
Between:
Ambati Mariya Babu, S/o Adam, aged 20 years, R/o Padison, 10" Ward, Bapatla Town
-and Mandal, Guntur District.
...Petitioner/
Accused
AND
The State of A.P., SHO Town Police Station, Bapatla, Guntur District, Rep.by its Public
Prosecutor, High Court of A.P. at Amaravathi.
...Respondent
Petition under Section 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 release the Petitioner/Accused on bail in Cr.No.176/2020 of Bapatla Town
PS.
The petition coming on for hearing, upon perusing the Petition and the
memorandum of grounds of criminal petition and upon hearing the arguments of Sri
Ganduri Nageswara Rao, Advocate for the Petitioner and Public Prosecutor for the
Respondent, the Court made the following.
ORDER:
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO. 6229 OF 2020 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.176 of 2020 of Bapatla Town Police Station, Guntur District, registered for the offences punishable under Sections 366, 376(3) and 506 of Indian Penal Code, 1860 and Section 3(a) r/w 4 of the Protection of Children from the Sexual Offences Act, 2012.
2. The case of prosecution is that the victim girl aged about 12 years and the de facto complainant is her maternal uncle. As the parents of the victim girl passed away in her childhood, her maternal uncle is looking after her. She is studying 6' class in ABM school. One day when he returned from work, he found that the victim girl is weak and enquired her what has happened. Then she revealed that on 22.09.2020 while she was watching TV, her friend Archana reached there on bike, asked her to come to her house and asked her to wait outside her house. The said Archana went inside her house by saying that she will come back. At about 7.00 P.M., the petitioner took her to nearby pond and when she questioned why he took her to there, he stated that she is beautiful and he is loving her. Though the victim objected and shouted, the petitioner forcibly disrobed her, committed rape, threatened her with dire consequences not to reveal the same to anyone and left the place. Basing on the same, the above crime is registered.
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3. Heard Sri Ganduri Nageswara Rao, learned counsel for the petitioners and the learned Public Prosecutor for the respondent- State.
4. Learned counsel for the petitioner submits that the petitioner was arrested on 26.09.2020, the investigation is almost completed and statement under Section 164 Cr.P.C was also recorded. He further submits that as the petitioner has been languishing in jail since 112 days, his case may be considered.
5. Learned Public Prosecutor submits that the petitioner has committed heinous offence of committing rape on 11 years girl and only preliminary charge sheet is filed. At this stage, if the petitioner is enlarged on bail, there is every threat to the victim as both the victim and the petitioner are residents of very same locality.
6. Heard the learned counsel for the petitioner and the learned Public Prosecutor. Though the offence alleged to have committed by the petitioner is heinous one, the Court has to take into consideration the consequences of granting bail to the petitioner. As the preliminary charge sheet is filed and the petitioner is languishing in jail from 26.09.2020, this Court deems it appropriate to grant bail to the petitioner on certain conditions.
7. Accordingly, this Criminal Petition is allowed. The petitioner/Accused shall be released on bail in connection with Crime No.176 of 2020 of Bapatla Town Police Station on condition of executing self bond for Rs.50,000/- (Rupees fifty thousand only) with two sureties for a likesum each to the satisfaction of the Court of the Additional Junior Civil | Judge, Bapatla. The petitioner shall appear before the Station House Officer, 1 Town Police eens 3 Station, Ponnur, Guntur District every day and shall not enter into Bapatla, until further orders.
Consequently, miscellaneous applications pending, if any, shall stand closed.
Sd/-E.KameswaraRao TRUE COPY!/ mae) R SECTION OFFICER
--_ _ The Additional Junior Civil Judge, Bapatla.
_ The Superintendent, District Jail, Guntur.
- The Station House Officer, Town Police Station, Bapatla, Guntur District.
- One CC to Sri. Ganduri Nageswara Rao, Advocate [OPUC]
- Two CCs to Public Prosecutor, High Court of AP [OUT] . One spare copy Ooah wh MM HIGH COURT LKJ DATED:18/01/2021 ORDER CRLP.No.6229 of 2020 ALLOWED