K. Chengaiah, v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE C.PRAVEEN KUMAR CRIMINAL PETITION No.10516 of 2016 ORDER:

The petitioner, who is the sole accused in Crime No.24 of 2016 of Varadaiahpalem Police Station, Chittoor District, filed the present Criminal Petition under Section 438 Cr.P.C. seeking release in the event of his arrest in connection with the above crime, registered for the offences punishable under Sections 376, 506 read with 511 IPC. The case of the prosecution is that on 28.04.2016 at about 11.45 p.m. while the informant was sleeping in front of her house along with her children, the petitioner is alleged to have attempted to rape on her. When she raised voice, the petitioner is alleged to have threatened her with dire consequences. On hearing the cries, the son of the informant and neighbours gathered there and seeing them the petitioner escaped from the scene. Basing on these allegations the above case came to be registered.

Heard learned counsel for the petitioner and Public Prosecutor appearing for the respondent-State.

Learned counsel for the petitioner mainly submits that a false case has been foisted against him to loose his job. Learned Public Prosecutor strongly opposed the application stating that the petition filed by the petitioner does not anywhere indicate any motive for the informant to implicate the petitioner. Having regard to the nature of allegations, I am not inclined to grant anticipatory bail to the petitioner. However, the petitioner, if so advised shall surrender before the Court concerned and make an application for regular bail, in which event the same shall be dealt

with in accordance with law on the same day or at the earliest. With the above direction, Criminal Petitions is disposed of. _________________________ JUSTICE C. PRAVEEN KUMAR 26.07.2016 gkv