G.R.Pavan Kumar v. State Of A.P.,

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.6712 OF 2015 ORDER:

This criminal petition under Section 438 of the Code of Criminal Procedure is filed by the petitioner/accused seeking grant of anticipatory bail in crime No.110 of 2014 on the file of the P.S., Gudivada I Town, Krishna District, registered for the offence under Sections 363, 342, 376(2), 376(1) and 506 IPC and Sections 4 and 6 of POSCO Act. Heard and perused the material available on record. The case of the prosecution is that the petitioner/accused forcibly took the de facto complainant to his house on a motor cycle, confined her and had intercourse and threatened her not to disclose to anybody. In the similar fashion, the accused had sexual intercourse on four occasions.

Learned counsel for the petitioner submits that the petitioner is innocent and he had no physical contacts with the victim girl and that at the instance of police, false case has been foisted by the victim girl and as such, prays this Court to grant anticipatory bail to the petitioner/accused. Prima facie, it is evident from the record that the petitioner had sexual intercourse with the victim girl. Considering that the victim girl is aged about 13 years, this Court is not inclined to grant anticipatory bail to the petitioner/accused.

The criminal petition is accordingly dismissed. Consequently, miscellaneous petitions, if any, pending, shall stand closed. _____________________ JUSTICE RAJA ELANGO 22.07.2015 pln