Andhra Pradesh High Court - Amravati
Rudrakshala Shiva Kumar, vs The State Of Andhra Pradesh, on 27 July, 2021
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 33
TUESDAY, THE TWENTY SEVENTH DAY OF JULY
TWO THOUSAND AND TWENTY ONE
"-PRESENT:
THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI
CRIMINAL PETITION NO: 4059 OF 2021
Between:
Rudrakshala Shiva Kumar, S/o Kalidasu @ Kaliprasad, Aged about 28
years, R/o Sarika Street, Near Shivalayam, Parvatipuram, Vizianagaram
District.
...Petitioner/A-3
AND
The State of Andhra Pradesh, represented by Public Prosecutor, High
Court of Andhra Pradesh, at Amaravathi.
...Respondent
Petition under Sections 437 & 439 of Cr.P.C, praying that in the
circumstances stated in the memorandum of grounds filed in Criminal Petition,
the High Court may be pleased to enlarge the petitioner on bail in Cr.No.144 of
2021 of Parvatipuram Town Police Station, Vizianagaram District.
The petition coming on for hearing, upon perusing the Petition and the
memorandum of grounds filed in support thereof and upon hearing the
arguments of M/s.T V Sri Devi, Advocate for the Petitioner and the Assistant
Public Prosecutor for the Respondent, the Court made the following;
ORDER:
KEM Mrvg HONOURABLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION No.4059 of 2021 ORDER:
This Criminal Petition is filed under Sections 437 and 439 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.'} seeking regular bail to the petitioner/A-3 in connection with Crime No.144 of 2021 of Parvathipuram Town Police Station, Vizianagaram District, registered for the offences punishable under Sections 376, 313, 354(c); 417, 506 r/w 34 of the Indian Penal Code, 1860 (for short IPC') and Section 67 of Information "Technology Act.
The case of prosecution is that Accused No.1 to 3 with
2. deceitful words reposed confidence in the mind of the victim to marry her and in that process they participated in sexual intercourse and take videos and photos at that time and taking advantage of the said photos and videos, they threatened and blackmailed her that if she does not continue the illegal relationship with them, they will post the said photos and videos _in social media. .
Heard Smt T.V.Sridevi, learned counsel for the petitioner
3. and learned Assistant Public Prosecutor for the respondent- State.
Learned counsel for the petitioner/A-3 submits that the
4. defacto complainant gave report only on suspicion due to She further submits that the cancellation of her marriage. defacto complainant made similar kind of allegations against Al to A3, that itself shows that the petitioner has been falsely eee peso?
EERE SNR NEONATES Ma & implicated in this case and from the last 49 days he has been _ languishing in jail. Hence his case may be considered for grant of bail.
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2. On the other hand, learned Assistant Public Prosecutor also does not dispute the fact that the defacto complainant has made a similar kind of allegations against Al and A2.
6. Taking into consideration the fact that the petitioner is languishing in jail for the last 49 days, this Court deems it appropriate to grant bail to the petitioner.
7. Accordingly, this Criminal Petition is allowed. The petitioner /A-3 shall be enlarged on bail on his executing self bond fer Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the Court of Additional Judicial First Class Magistrate, Parvathipuram, Vizianagaram district.
/-T. Madhavi a.
SISTANT REGISTRAR 'y HTRUE COPY// Fo FHON O ICER Ta,
1. The Il Additional District & Sessions Judge Parvatipuram, Vizianagaram District. 2, The Additional Judicial First Class Magistrate, Parvatipuram, Vizianagaram District.
3. The Superintendent, Sub-Jail, Parvatipuram, Vizianagaram.
4. The Station House Officer, Parvatipuram Town Police Station, Vizianagaram District.
5. One CC to M/s. T V Sri Devi, Advocate [OPUC}
8. Two CGs to Public Prosecutor, High Court of AP [OUT] ¢. One spare copy.
VSB Fey ey, & HIGH COURT LK,J 27/07/2021 DATED ORDER CRLP.No.4059 of 2021 ALLOWED eere greeere rent areieee.
"yor pif ite Godt