Geddem Rajesh v. State Of Ap.,
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY, THE FOURTEENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHTEEN :PRESENT:
THE HON'BLE SMT. JUSTICE T. RAJANI CRIMINAL PETITION NO: 1352 OF 2018 Between:
Geddem Rajesh S/o Gaddem Janardhan Rao Petitioner/Accused No.1 AND The State of Andhra Pradesh, through Station House Officer, Nagaram Police Station, East Godavari District, rep. by Public Prosecutor, High Court, Hyderabad. Respondent/Complainant Petition under Section 438 of Cr.P.C., praying that in the circumstances stated in the petition and the grounds filed herein, the High Court may be pleased to enlarge the petitioner on bail in the event of his arrest in connection with Cr. No. 34 of 2017 of Nagaram Police Station, East Godavari District;
Counsel for the Petitioner :
SRI GEDDAM SATISH BABU Counsel for the Respondent :
PUBLIC PROSECUTOR, (AP) The Court made the following Order:
"This petition is filed seeking for grant of anticipatory bail to the petitioners, who is sole accused, in Crime No.34 of 2017 on the file of Nagaram Police Station, East Godavari District. The offences alleged are under Sections 417, 376(2)(n), 448, 323, 506 r/w 34 IPC. 2.
Heard the counsel for the petitioner and the Public Prosecutor appearing for the respondent.
3.
The case of the prosecution is that this petitioner developed intimacy with the defacto complainant and promised to marry her and on that promise, she developed physical contacts with the petitioner. But, later, when she asked him to marry her, he evaded from giving any reply. She revealed the same to her family members and her community people also came to know about the same. On 23.10.2016, there was a dispute in the presence of the community elders and the petitioner admitted, in front of the elders that he would marry the defacto complainant. But, they resiled from the said promise and the persons, who participated in the alleged incident are all the accused, except A1. The counsel for the petitioner submits that the incident occurred on 12.12.2016, but the complaint was given only on 01.02.2017. The delay for the complaint is not explained in the report. It also appears that immediately she raised cries attracting the attention of neighbours.
4.
Hence, considering the delay in the complaint and also the nature of allegations, this Court opines that it is a fit case for grant of Anticipatory Bail. 5.
Accordingly, the Criminal Petition is allowed. The petitioner is directed to surrender before the Station House Officer, Nagaram Police Station, East Godavari 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.20,000/- (Rupees twenty 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, miscellaneous petitions pending consideration, if any, in this case shall stand closed."
ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To
1. The II Additional District and Sessions Judge, East Godavari District, Amalapuram.
2. The Station House Officer, Nagaram Police Station, East Godavari District.
3. Two CCs to Public Prosecutor, (AP) High Court of Judicature, at Hyderabad (OUT)
4. one CC to Sri Geddam Satish Babu, Advocate (OPUC)
5. one Spare Copy
HIGH COURT TR,J DATE:14-2-2018
ORDER
CRL.P. NO. 1352 OF 2018 DIRECTION
HIGH COURT Ab Drafted on 15-2-2018 TR,J DATE:14-2-2018
ORDER
CRL.P. NO. 1352 OF 2018 DIRECTION