Andhra Pradesh High Court - Amravati
Bandi Vijaya vs The State Of Ap on 30 November, 2021
Author: D.Ramesh
Bench: D.Ramesh
THE HONOURABLE SRI JUSTICE D.RAMESH
CRIMINAL PETITION NO. 6740 OF 2021
ORDER:-
This petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking pre-arrest bail to the petitioner/A1 in the event of her arrest in connection with Crime No.20 of 2016 of M.R.Palli Police Station, Tirupati UPD, registered for the offences punishable under Sections 420 and 467 read with 34 of the Indian Penal Code, 1860 and Section 3(1)(x) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities), 1989 (for short the „SC & ST (POA) Act‟).
2. The case of prosecution is that a report was lodged wherein it was alleged that A1 and A2 who are correspondent and Principal respectively of Sri Venkateswara College of Nursing, had deceived the complainant by saying that they will provide free seat in B.Sc. Nursing in government quota and after joining in the college, without providing education the accused used to instruct the complainant and 18 other female students belonging to scheduled caste to work in their Dairy and to clean toilets. Subsequently the accused sent complainant and others to Hyderabad on the pretext of providing good education, but joined them in Basavatharakam Indo American Cancer Hospital as Nurse, by submitting fake certificate as if they completed four years B.Sc. Nursing Course with one year experience. It was also alleged in the complaint that the accused used to receive their salaries and when their parents questioned the accused, she and others were brought to Tirupati. 2 Basing on the said complaint, the present crime is registered in which petitioner is arrayed as A1.
3. Heard Sri Ch. Venkat Raman, learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State.
4. Learned counsel for the petitioner submits that subsequent to filing of the complaint, petitioner has entered into compromise with the complainant and filed a petition before the High Court of Telangana for recording compromise and the Court has directed to file affidavits of all the victims. He submits that now the investigation officer is making efforts to arrest the petitioner, as such petitioner is before this Court. He submits that in the entire report, there are no allegations against the petitioner which attract provisions of SC & ST (POA) Act and investigation is completed, as such there is no chance of managing, threatening or influence the prosecution witnesses. Hence, petitioner‟s case may be considered for grant of pre-arrest bail.
5. Learned Assistant Public Prosecutor, on instructions submits that so far eight witnesses are examined and further investigation needs to be done. He submits that in view of the pendency of compromise petition, they have not proceeded further.
6. It is clearly established from a perusal of the record that the complaint was registered on 21.02.2016 and since then Police failed to complete investigation and file charge sheet. Considering the said fact as well as the facts that there are no allegations in 3 the complaint which attract provisions of SC & ST (POA) Act and that compromise petition is pending between the parties, this Court deems it appropriate to grant pre-arrest bail to the petitioner.
7. Accordingly, this Criminal Petition is allowed. The petitioner/A1 shall be released on bail in the event of her arrest in connection with Crime No.20 of 2016 of M.R.Palli Police Station, Tirupati UPD, on condition of executing self bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a likesum each to the satisfaction of the Station House Officer, M.R.Palli Police Station, Tirupati UPD.
Consequently, miscellaneous applications pending, if any, shall stand closed.
_____________________ JUSTICE D.RAMESH Date :30.11.2021 IKN 4 THE HONOURABLE SRI JUSTICE D.RAMESH CRIMINAL PETITION No. 6740 of 2021 30.11.2021 IKN