Andhra Pradesh High Court - Amravati
Patan Chand Begum vs The State Of Andhra Pradesh on 5 September, 2022
THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI
CRIMINAL PETITION No.6293 OF 2022
ORDER:
This Criminal Petition is filed under Sections 437 and 439 of the Criminal Procedure Code ('Cr.P.C.' in short), seeking regular bail, by the petitioners/Accused Nos.2 to 5 in Crime No.174 of 2022 of Nawabpet Police Station, SPSR Nellore District, registered for the offences punishable under Sections 376, 420, 109 read with 34 of the Indian Penal Code, 1908 ('IPC', in short) and Section 3 (a) of the Protection of Children from Sexual Offences Act, 2012.
2. The case of the prosecution, in brief, is that A1 followed the de facto complainant on the pretext of love and sexually exploited her by promising to marry her with the active support of A2 to A5, who are petitioners herein. When the de facto complainant and her parents brought marriage proposals, they refused to perform marriage of A1 and the de facto complainant. Hence, the above crime was registered against the petitioners and another.
3. Heard Sri Siva Prasad Reddy Venati, learned Counsel for the petitioners and Sri Sravan Kumar Naidana, learned Special Assistant Public Prosecutor for the respondent-State.
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4. Learned counsel for the petitioners, in elaboration to what has been raised in the grounds, contended that the petitioners were falsely implicated in the present Crime. It is his further contention that the allegations in the complaint do not attract the ingredients of Section 376 of IPC and also any of the provisions of the Protection of Children from Sexual Offences Act, 2012. Further, it is stated that the petitioners are languishing in jail since 76 days and investigation is almost completed.
It is further stated that the Criminal Miscellaneous Petition No.434 of 2022 filed by the petitioners before the Sessions Court was dismissed on 02.08.2022 on the ground that investigation is still pending.
It is stated that subsequent to the said dismissal order, there is much progress in the investigation and investigation is almost completed. Hence, prayed for considering the bail application.
5. Learned Special Assistant Public Prosecutor opposed the application and contended that though investigation is completed and charge sheet is yet to be filed, if bail is granted to the petitioners, they may threaten the victim girl, may influence the witness and may not co-operate with the further investigation, if any and trial. Accordingly, prayed for dismissal of the Petition.
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6. Taking submissions of both the learned counsel into consideration and as the complaint prima facie does not attract any ingredients of Section 376 and also the provisions of the Protection of Children from Sexual Offences Act, 2012, against the petitioners herein and since the petitioners are languishing in jail since 76 days and investigation is almost completed, this Court is inclined to grant bail to the petitioners, however by duly taking the apprehensions of the learned Special Assistant Public Prosecutor into consideration, on the following conditions:
(i) The petitioners shall be released on bail on their executing self bond for Rs.25,000/- (Rupees twenty five thousand only) each with two sureties each for a like sum each to the satisfaction of the II Additional Judicial Magistrate of First Class, Nellore, SPSR Nellore District;
(ii) The petitioners shall appear before the Station House Officer, Nawabpet Police Station, SPSR Nellore District, once in a week i.e. on every Sunday between 10.00 a.m. and 12.00 noon, till filing of the charge sheet;
(iii) The petitioners shall not directly or indirectly contact the de facto complainant/victim girl or her family members and witnesses under any circumstances in this regard and any such attempt shall be construed as an attempt of influencing the witnesses and shall not tamper the evidence; and 4
(iv) The petitioners shall co-operate with the further investigation, if any and trial.
Further, the petitioners shall scrupulously comply with the above conditions and breach of any of the above conditions will be viewed seriously and prosecution is at liberty to move an application for cancellation of the bail.
It is made clear that this order does not, in any manner, limit or restrict the rights of the Police or the investigating agency from further investigation as per law and the findings in this order be construed as expression of opinion only for the limited purpose of considering the bail in the above crime and shall not have any bearing in any other proceedings.
Accordingly, the Criminal Petition is allowed. Miscellaneous applications, pending if any, shall stand closed.
________________________ JUSTICE RAVI CHEEMALAPATI 5th September, 2022 GBS