Andhra Pradesh High Court - Amravati
Criminal Procedure vs State Of on 22 September, 2021
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
CRIMINAL PETITION NO.5202 of 2021
ORDER:-
This petition is filed under Sections 437 and 439 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking regular arrest bail to the petitioner/Accused in connection with Crime No.172 of the Station House Officer, Parvathipuram Town Police Station, Vizianagaram District for the offences punishable under Sections 376 and 420 of the Indian Penal Code, 1860 (for short 'IPC') and Section 3(1)(w)(i) and 3(2)(v) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Amendment Act, 2015 (for short SC&ST (POA) Act).
2. A report was lodged by the de facto complainant wherein it was stated that the complainant is working as a volunteer in Parvathipuram Town and the accused is working in Indian Army and in the year 2015 while she was studying B.Ed at kalavarai, Bobbili, she had developed acquaintance with petitioner who was studying in a neighbouring college namely Swamy Vivekananda College and both of them used to move closely. In the year 2018 petitioner called her over phone and expressed his love for which, she informed that she belongs to SC community, but petitioner threatened her that if she does not love him, he would commit suicide. As such, she accepted his proposal. In the year 2019 they both had physical intimacy and on 15.05.2021 when she asked him about their marriage, he postponed the matter. Thereafter on 20.05.2021, again both had intimated physically. On 22.06.2021 when she asked about their 2 marriage, petitioner refused for the marriage by saying that his mother is not agreeing and disconnected her phone. Basing on the said complaint, the present crime was registered.
3. Heard Sri G.Venkata Reddy, learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent-State.
4. Learned counsel for petitioner submits that even as per the complaint, both petitioner and the complainant are majors and it is a consensual relationship between the parties and in the entire complaint, there is no averment that petitioner has promised the complainant that he will marry her and had sexual relationship with her. He submits that even if all the allegations are assumed to be correct, the offences under Sections 376 and 420 of IPC have no application. In view of the differences between the parties, petitioner has been implicated and that he has been languishing in jail from 25.08.2021. He further submits that petitioner is a responsible officer in Indian Army. He relied on a judgment in Maheswar Tigga v. The State of Jharkhand1 wherein it was held as follows:
The observations in this regard in Uday vs. State of Karnataka2, are considered relevant:
"25...It usually happens in such cases, when two young persons are madly in love, that they promise to each other several times that come what may, they will get married. As stated by the prosecutrix the appellant also made such a promise on more than one occasion. In such circumstances the promise loses all significance, particularly when they are overcome with emotions and passion and find themselves in situations and circumstances where they, in a weak moment, succumb to the 1 2020 (10) SCC 108 2 (2003) 4 SCC 46 3 temptation of having sexual relationship. This is what appears to have happened in this case as well, and the prosecutrix willingly consented to having sexual intercourse with the appellant with whom she was deeply in love, not because he promised to marry her, but because she also desired it. In these circumstances it would be very difficult to impute to the appellant knowledge that the prosecutrix had consented in consequence of a misconception of fact arising from his promise. In any event, it was not possible for the appellant to know what was in the mind of the prosecutrix when she consented, because there were more reasons than one for her to consent."
Hence, his case may be considered for grant of bail.
5. Learned Additional Public Prosecutor submits that with a promise to marry her and had physical relationship with the complainant, as such, both Sections 376 as well as 420 IPC are attracted to the facts of the case. He submits that investigation is pending. He also submits that 164 Cr.P.C statement of the complainant was already recorded.
6. Taking into consideration the allegations in the complaint where prima facie accusations under Sections 376 and 420 of IPC have no application and as already 164 Cr.P.C statement of the complainant is recorded and further petitioner is languishing in jail from 25.08.2021, this Court deems it appropriate to grant bail to the petitioner.
7. Accordingly, the Criminal Petition is allowed. The petitioner/Accused shall be enlarged on bail in connection with Crime No.172 of 2021 of the Station House Officer, 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 Court of 4 Additional Judicial First Class Magistrate, Parvathipuram, Vizianagaram District.
Consequently, miscellaneous applications pending, if any, shall stand closed.
___________________________ LALITHA KANNEGANTI, J Date: 22.09.2021 KA 5 THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI (Allowed) CRIMINAL PETITION No. 5202 of 2021 Date: 22.09.2021 KA