Reddi Chandra Sekhararao Sekhar v. State of Andhra Pradesh
2021-10-27
LALITHA KANNEGANTI
body2021
DigiLaw.ai
ORDER : This petition is filed under Sections 437 and 439 of Code of the Criminal Procedure, 1973 (for short ‘Cr.P.C.’) seeking regular bail to the petitioner/Accused in connection with Crime No.198 of 2021 of the Station House Officer, Rajam Police Station, Srikakulam District, for the offences punishable under Sections 376(1),2(4), 354-D, 417, 420 of the Indian Penal Code, 1860 (for short ‘IPC’), Section 11 r/w 34 of Prevention of Children from Sexual Offences Act, 2012 (for short ‘POCSO Act’) and 5(j)(ii)(l) r/w 6 of the POCSO (Amendment) Act, 2019. 2. The case of prosecution is that a complaint was lodged by the de facto complainant who is victim, wherein it was stated that she is studying Intermediate in GNR College, Rajam and she used to go to college by bus. It was stated that when she attained puberty in the year 2018 and since then the petitioner used to follow her on the pretext of love. It was stated that the victim informed the same to her mother, in turn she informed to uncle of the victim. On 05.02.2021 when she alone watching TV in her house, petitioner went into her house, had physical intimacy by force and later he came in a drunken state and had physical contact with her, but she due to fear of the disputes, did not inform the said incident to her parents. Later in the month of March, 2021 also petitioner had physical contact with her. Subsequently, from April, 2021 as the victim did not get menstrual, on 17.08.2021 her mother takes her to hospital where they came into know that the victim is a pregnant carrying 5th month. Then the victim revealed the entire episode to her parents. Basing on the said complaint, present crime was registered and the petitioner is arrayed as accused. 3. Heard Sri G.Venkata Reddy, learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State. 4. Learned counsel for petitioner submits that petitioner was arrested on 27.08.2021 and since then he is languishing in jail. He submits that as per the complaint, it is stated that petitioner has no relationship with the victim and he has been implicated in this case. He submits that even as per the report, incident has taken place in the months of February, March and April, 2021, but the complaint came to be lodged on 23.08.2021.
He submits that as per the complaint, it is stated that petitioner has no relationship with the victim and he has been implicated in this case. He submits that even as per the report, incident has taken place in the months of February, March and April, 2021, but the complaint came to be lodged on 23.08.2021. He submits that petitioner is working as Constable in Marine Police Station and he is resident of Rajam village. He submits that he is ready to undergo DNA test to prove his innocence. He further submits that substantial portion of investigation is completed, hence, his case may be considered for grant of bail. 5. On the other hand, learned Assistant Public Prosecutor submits that investigation is pending and 164 Cr.P.C statement of the victim was recorded. He submits that as the victim is carrying 8th month pregnancy and as the investigation is pending, at this stage, petitioner is not entitled for bail. 6. Taking into consideration the fact that petitioner is languishing in jail from 27.08.2021, statement of the victim under Section 164 Cr.P.C is already recorded and due to occupation of the petitioner, he is residing at Visakhapatnam and whereas the complainant/victim is resident of Rajam Village, Srikakulam District, and substantial portion of the investigation is completed, 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. 198 of 2021 of the Station House Officer, Rajam Police Station, Srikakulam 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 Judicial First Class Magistrate, Rajam, Srikakulam District. Consequently, miscellaneous applications pending, if any, shall stand closed.