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2020 DIGILAW 430 (AP)

Puli Vamsi Krishna v. State Of Andhra Pradesh

2020-06-18

CHEEKATI MANAVENDRANATH ROY

body2020
JUDGMENT Cheekati Manavendranath Roy, J. - This petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') to enlarge the petitioner on bail in the event of his arrest. 2. The petitioner is A-1 in Crime No. 413 of 2019 of Machavaram Police Station, Krishna District. 3. The alleged offences against the petitioner are under Sections 376 (2)(n), 354(C), 452, 384, 365, 323, 506 r/w 34 of Indian Penal Code, 1860, under Section 67(A) of the Information Technology Act, 2000 and under Section 6 of the Protection of Children from Sexual Offences ACT, 2012. 4. Briefly stated, it is the case of the prosecution that the victim girl herein, is a minor aged about 17 years at the time of offence. She was studying in Delhi Public School, Nidamanuru, 22Vijayawada. She got acquaintance with A-1, who is resident of Prajashakthi Nagar, Vijayawada, who is studying 3rd year B.Tech at that time. They got acquaintance in Bubble Gym at Moghalrajapuram, Vijayawada. 5. A-1 invited the victim girl to a party in the first week of October, 2016. On his invitation, she has attended the party in his house. The other persons by name Vishnu Priya, Sathish, Jaya Sri, Rohini and Sunil also attended the party. A-1 offered a coke to the victim girl, in which he has mixed a sedative. After consuming the said coke, the victim girl fell unconscious. A-1 took her into bedroom, stripped off her clothes and took her nude photos and also had sexual intercourse with her when she was in unconscious state. 6. She regained her consciousness at about 9.30 P.M. Thereafter, her colleagues Sunil and Rohini dropped her at her house. A-1 also informed her that he is in possession of her nude photos and demanded her to satisfy his sexual desire. When she requested him to delete photos, he forcibly entered into her house and committed rape on her. A-2 and other accused also blackmailed her to satisfy their sexual desire by threatening her that they would place the nude photos in the social media. Therefore, A-1 along with other accused has committed the aforesaid offences. 7. Heard learned counsel for the petitioner and the learned Additional Public Prosecutor. 8. Perused the record. 9. A-2 and other accused also blackmailed her to satisfy their sexual desire by threatening her that they would place the nude photos in the social media. Therefore, A-1 along with other accused has committed the aforesaid offences. 7. Heard learned counsel for the petitioner and the learned Additional Public Prosecutor. 8. Perused the record. 9. The facts of the case as narrated supra, show the nefarious design and conspiracy hatched up by A-1 and others in inviting the victim girl, who is a minor to the party taking undue advantage of acquaintance of the victim girl and making her unconscious and thereafter committing rape on her and taking her nude photos and blackmailing her subsequently to have sexual intercourse with her. Therefore, considering the manner, in which the offence of rape was committed against a minor girl, this Court is of the considered view that the accusation made against the petitioner is prima facie well founded. Having regard to the gravity of the offence and the seriousness of the allegations and the nature of the offence that was committed in this case against the minor girl, this court is of the considered view that it is not at all a fit case for grant of anticipatory bail. 10. As per the submissions made by the learned Additional Public Prosecutor, A-1 after committing the aforesaid heinous offence against the victim girl, absconded and left for Australia. It appears that steps are now being taken to arrest him and that his passport is also impounded and he is about to be arrested by the police. So, in the said facts and circumstances of the case, this Court is of the considered view that the petitioner is not at all entitled to anticipatory bail. 11. In the result, the Criminal Petition is dismissed.