Gaddam Chandrashekar v. The State Of Ap.,

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY, THE NINETEENTH DAY OF JANUARY, TWO THOUSAND AND EIGHTEEN PRESENT THE HON'BLE SMT JUSTICE T. RAJANI CRL.P.No. 29 of 2018 Between:

Gaddam Chandrashekar, S/o. Gaddam Ramasubbaiah Petitioner/Accused No.3 AND The State of Andhra Pradesh, rep. by its Public Prosecutor, High Court at Hyderabad. through the Station House Officer, Chillakur Police Station, SPSR Nellore District. Respondent/Complainant COUNSEL FOR THE PETITIONER: SRI. KAMBHAMPATI RAMESH BABU COUNSEL FOR THE RESPONDENT : THE PUBLIC PROSECUTOR (AP) Petition under Section 438 of Cr.P.C., praying that in the circumstances stated in the memorandum of grounds filed herein, the High Court may be pleased to enlarge the petitioner/Accused No.3 on bail in the event of his arrest in connection with Crime No.199 of 2017 of Chillakur Police Station, SPSR Nellore District. The Court made the following Order:

This petition is filed seeking for grant of anticipatory bail to the petitioner, who is A3, in Crime No.199 of 2017 of Chillakur Police Station, SPSR Nellore District. The offences alleged are under Sections 376, 417, 493, 312 r/w 34 IPC.

2.

Heard the counsel for the petitioner and the Public Prosecutor appearing for the respondent.

3.

A perusal of the complaint shows that A2 took the de facto complainant to A3 and got her undergo scanning. Except the said allegation, there is no other allegation against A3.

4.

Hence, prima facie, it appears that the allegations levelled against the petitioner are not genuine. In the above circumstances, this court opines that this is a fit case for granting anticipatory bail. 5.

Accordingly, the Criminal Petition is allowed.

The petitioner is directed to surrender before the Station House Officer, Chillakur Police Station, SPSR Nellore District, within 15 days from the date of this order. On such surrender, the petitioner shall be released on bail on his executing a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum each to the satisfaction of the said Station House Officer. Further, on such release, the petitioner shall abide by the conditions mentioned under Section 438(2) Cr.P.C., as under: i) The petitioner shall make himself available for interrogation by a police officer as and when required.

ii) The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

iii) The petitioner shall not leave India without the previous permission of the Court.

As a sequel, the miscellaneous applications, if any pending, shall stand closed.

ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR To

1. The VII Additional Sessions Judge, Gudur, SPSR Nellore District.

2. The Additional Judicial Magistrate of First Class, Guduru, SPSR Nellore District.

3. The Station House Officer, Chillakur Polise Station, SPSR Nellore District.

4. Two CCs to Public Prosecutor (AP), High Court, Hyderabad (OUT)

5. One CC to Sri. Kambhampati Ramesh Babu, Advocate (OPUC)

6. One Spare copy KK

HIGH COURT TRJ DT. 19-1-2018 BAIL ORDER CRL.P.NO. 29 OF 2018 DIRECTION

Drafted by: KK Drafted on: 22-1-2018 HIGH COURT TRJ DT. 19-1-2018 BAIL ORDER CRL.P.NO. 29 OF 2018 DIRECTION