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2022 DIGILAW 739 (AP)

Chiramani Kathyayani v. State of Andhra Pradesh

2022-08-08

RAVI CHEEMALAPATI

body2022
JUDGMENT Ravi Cheemalapati, J. - This petition is filed under Section 438 of the Code of Criminal Procedure, 1973, to enlarge the petitioner on bail in the event of his arrest. 2. The petitioner is A-2 in Crime No. 19 of 2022 of Disha Women Police Station, Sri Potti Sri Ramulu Nellore District. A case under Sections 493, 312, 363, 506, 509 & 420 read with 34 IPC was registered against the petitioner and other accused in the above crime. 3. The case of the prosecution in brief is that on 29.04.2022 at 9.30 a.m. the de facto complainant reported that when their family lived at Naidupet from 2007 to 2018, A-1 by saying deceitful words had sexual intercourse with her forcibly on belief of lawful marriage even though she opposed. A-1's first wife/A-2 also supported A-1 for sexual intercourse with her. Thereafter A-1 shifted the family to Muthukur. A-1 caused abortions three times when the complainant got pregnancy however, she delivered a baby boy in the year 2019 through A-1. Later she came to know that A-1 had already got second marriage with one Dasipalli Venkatalakshmi and when she questioned about his misdeeds, A-1 and his two wives (A-2 and A-3) harassed the complainant in many ways and beat her indiscriminately. When she conceived, A-1 forcibly administered some tables to her as a result of which she developed pregnancy related problems and that A-1 admitted her in GGH Nellore where the doctors done DNC. Thereafter, A-1 to A-3 stepped up harassment on her to get rid of her and unable to bear their harassment she swallowed sleeping pills on 19.04.2022 and she was admitted in GGH, Nellore and treated. Basing on the said complaint, the present crime is registered. 4. Heard Sri D. Purna Chandra Reddy, learned counsel for the petitioner and Sri Soora Venkata Sainath, learned Special Assistant Public Prosecutor for respondent-State. 5. Learned counsel for the petitioner in elaboration to what has been stated in the petition contended that, the ingredients of the alleged offences does not attract against the petitioner except Section 506 IPC. He further submitted that the petitioner is a paralytic patient and he draws the attention of this Court the disability certificate to the said effect, which is placed on record and further contended that the petitioner is an innocent lady and she is unnecessarily implicated in this case. He further submitted that the petitioner is a paralytic patient and he draws the attention of this Court the disability certificate to the said effect, which is placed on record and further contended that the petitioner is an innocent lady and she is unnecessarily implicated in this case. Hence, prayed to grant pre-arrest bail to the petitioner. 6. On the other hand, learned Special Assistant Public Prosecutor while admitting that the offences alleged in the crime except Section 506 IPC, other penal offences cannot be applicable to the petitioner, but however opposed to grant pre-arrest bail to the petitioner contending that in the event of grant of pre-arrest bail, the petitioner may not cooperate with the investigation and even Section 506 IPC is a bailable offence, this application cannot be considered and accordingly, prayed for dismissal of the petition. 7. A perusal of the FIR prima facie does not disclose anything against the petitioner except the allegation under Section 506 IPC. Whether the alleged provisions are applicable or not against the petitioner at this juncture are not correct. 8. Taking into consideration the facts and circumstances and the submissions made by both the learned counsel as the petitioner being a lady and a paralytic patient, this Court is inclined to grant pre-arrest bail to the petitioner by duly taking the apprehensions made by the learned Special Assistant Public Prosecutor into consideration on the following conditions: i) The petitioner/A-2 shall be released on bail in the event of her arrest in connection with Crime No. 19 of 2022 of Disha Women Police Station, Sri Potti Sri Ramulu Nellore District, on condition of executing a self bond for Rs. 25,000/- (Rupees twenty five thousand only) with two sureties for a likesum each to the satisfaction of the Station House Officer of Disha Women Police Station, Sri Potti Sri Ramulu Nellore District. ii) The petitioner shall cooperate with the investigation; iv) The petitioner shall not directly or indirectly contact the complainant or any other witnesses under any circumstances and any such attempt shall be construed as an attempt of influencing the witnesses and shall not tamper the evidence and shall co-operate with the investigation. ii) The petitioner shall cooperate with the investigation; iv) The petitioner shall not directly or indirectly contact the complainant or any other witnesses under any circumstances and any such attempt shall be construed as an attempt of influencing the witnesses and shall not tamper the evidence and shall co-operate with the investigation. Further, the petitioner shall scrupulously comply with the above conditions and if there is breach of any of the above conditions, it will be viewed seriously and it also entails cancellation of bail and in such case prosecution shall move appropriate application for such cancellation. 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 bail in the above crime and shall not have any bearing in any other proceeding. Accordingly, the Criminal Petition is allowed. Miscellaneous applications, pending if any, shall stand closed.