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2021 DIGILAW 520 (AP)

Babu Kabaku v. State of Andhra Pradesh

2021-08-10

LALITHA KANNEGANTI

body2021
JUDGMENT Lalitha Kanneganti, J. - This petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") to enlarge the petitioner/ A-1 on bail in the event of his arrest in connection with Crime No.181 of 2021 of Kavali Rural police station, SPSR Nellore District registered for the offences punishable under Sections 417, 427, 406, 420, 376, 509 r/w 109 of the Indian Penal Code, 1860 (for short "IPC"). 2. The case of the prosecution is that prior to 14.07.2021, Accused No.1 with deceitful words reposed confidence in the mind of the victim to marry her and in that process they participated in sexual intercourse and the parents of accused No.1 also agreed to their marriage. But after getting job as constable, the accused No.1 tried to marry another girl and when the defacto complainant and her relatives asked the same, the accused No.1 and his parents threatened them with dire consequences. 3. Heard Sri P.Ravi Kiran, learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing on behalf of the respondent-State. 4. Learned counsel for the petitioner submits that the petitioner has no way connected with this case and he is falsely implicated in this case and the allegations leveled against the petitioner in the complaint are not attracted under Section 376 IPC. Punishment for all the offences alleged above is below 7 years. To implicate the petitioner falsely in this case, Section 376 IPC is added. 5. On the other hand, the learned Assistant Public Prosecutor submits that there are specific overt acts against the petitioner, as such the petitioner is not entitled for pre arrest bail. 6. Taking into consideration the nature of allegations in the report, there are no specific overt acts against the petitioner, hence this court deems it appropriate to grant pre arrest bail to the petitioner/A1. 7. Accordingly, this Criminal Petition is allowed. The petitioner /A-1 shall be released on bail in the event of his arrest in connection with Crime No.181 of 2021 of Kavali Rural police station, SPSR Nellore District, on execution of 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, Kavali Rural police station, SPSR Nellore District. 8. Consequently, miscellaneous applications pending, if any, shall stand closed.