Andhra Pradesh High Court - Amravati
B Naresh vs State Of Ap on 8 April, 2020
Author: C.Praveen Kumar
Bench: C.Praveen Kumar
.J
12570 |
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
WEDNESDAY, THE EIGHTH DAY OF APRIL,
TWO THOUSAND AND TWENTY
:PRESENT:
THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR
CRf MINAL PETITION NO: 1711 OF 2020
Betwee n:
Boya Naresh, S/o Boya Ramanjaneyulu, aged about 20 years, Occ: Agriculture, R/o N
Gundlapalli village, Beluguppa Mandal, Ananthapuramu District.
...Petitioners/Accused No.1
AND
The State of Andhra Pradesh, rep., by its Public Prosecutor, High Court of Judicature at
Amaravati.
.. .Respondent
Petition under Sectionj 437 & 439 of Cr.P.C, praying that in the circumstances
stated in the memorandum of Criminal Petition, the High Court may be pleased to
enlarge the petitioner on bail in Cr.No.119 of 2019 on the file of the Beluguppa Police
Station, Eeluguppa, Ananthapur District.
The petition coming on for hearing, upon perusing the memorandum of Criminal
Petition and upon hearing the arguments of Sri V R Reddy Kovvuri, Advocate for the
Petitioner and Public Prosecutor for the Respondent, the Court made Lhe following.
ORDER:
HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION No. L711 OF 2O2O ORDER:
1) This Criminal Petition is frled under Section 437 and 439 of the Criminal Procedure Code, 1973 seeking to enlarge the petitioner, who is A- 1, on bail in Crime No. ll9 of 2Ol9 on the fiie of the Station House Officer, Beluguppa Police Station, Anantapuram District, registered for the offences punishable under Sections 366-A, 376 of IPC; Sections 5 and 6 of POCSO Act;
Section 75 of the Juvenile Justice Act and Sections 9, 10, 11 of Prohibition of Child Marriage Act,2006. 2\ Heard the counsel for the petitioner and Sri. S. Dhushyanth Reddy, learned Additional Public Prosecutor appearing for the re spondent.
3) The petitioner was arrested on 13.12.2019 and since then he is in jai1. As seen from the record, the victim and the petitioner fel1 in iove and therea-fter both of them eloped and got married with the help of A2 and A3. Alter the marriage, both of them lived in the house of A2 and A3 and indulged in sexual acts. On coming to know that the uncle of the victim -Ramajaneyrrlu iodged a report about missing of the gir1, the victim girl herself went and informed her uncle as to what happened. The victim girl was taken to police station and basing on her statement the offences mentioned above were added 2 *4{i
4) Earlier, the petitioner filed a Crl. P. No. 9O2 of 2020, which was rejected on the ground that the investigation is sti1l pending. Today, it is represented by Sri. S. Dhushyanth Reddy, learned Public Prosecutor, that the entire investigation is over and a charge-sheet is frled, but, however, number is not yet given due to the closure of the courts in view of Covid19. Further, a perusal of the FIR, does not an1'where indicate that the victim girl was wrongfully confined. The case of the prosecution is that, the victim is aged about 16 years and as such the ingredients constituting the offences are made out, but the same 1s disputed by the counsel for the Petitioner.
5) Having regard to the above circumstances, the request of the petitioner can be considered on some terms and conditions.
6) Accordingly, the criminal petition is allowed and the petitioner/A1 is directed to be enlarged on bail on condition of his executing a personal bond for Rs.25,000/- (Rupees twenty five thousand only) with two local sureties for a like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Kalyanadurgam, Ananthapur District.
SI)/. M. SURYANADHA RF'DDY a.is;rsrar,l'r REGrs-tR'{R ,TRUE COPY// r FOT ASSISTANT REGISTRAR To ananthapur District
1. The Judicial magistrate of First Class' Kalyanadurgam' Z. f ne Superintendent, Central Prison Ananthapur' Station'
- -1:^- r-.^r,,^,,^na Anantha beluguppa' Ananthapur
3. The Station Houre ofi."i, sui'g"pu Police District.
4. o;; aC to Sri. V R Reddv Kovvuri' Advocate t9l-uc: 5 i;; CC. to Proli. Proseiutor, High Court of AP [oUT]
6. One spare coPY e.(} HIGH COURT CPKJ DATED:08/04/2020 ORDER CRLP.No.'171 1 of 2020 DIRECTION