Bandi Venkatesh, v. State Of A.P.

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.9387 OF 2016 ORDER:

This petition is filed by the petitioner-accused under Section 438 Cr.P.C. seeking to grant anticipatory bail in Crime No.107 of 2016 on the file of Paderu Police Station, Visakhapatnam District, registered for the offences punishable under Sections 376, 406, 417, 420 and 379 IPC and 3 (1)(G)(R)(S)(W)(2) & 3 (2)(5)(a) of SCs & STs (POA) Act, 1989.

The allegation against the petitioner is that by promising to marry the de facto complainant, who is a married woman, the petitioner had sexual relationship with her and taken away her gold ornaments and blank signed cheques and promissory notes and when the de facto complainant asked him to marry her, he abused her in the name of her caste and refused to marry her.

Learned counsel for the petitioner submitted that the petitioner is innocent of the offences alleged against him and that he was falsely implicated in the case.

The learned Additional Public Prosecutor submitted that in view of bar under the provisions of the SC & ST Act, this petition is not maintainable.

Considering the facts and circumstances of the case and in view of the submissions made by the learned Additional Public Prosecutor, this Court is of the view that this petition is not maintainable.

Accordingly, the Criminal petition is dismissed. ______________ RAJA ELANGO, J July 11, 2016.

KTL