P.Balakrishna v. The State Of A.P

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION No.12737 OF 2016 ORDER:

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

2.

The petitioner, who is the sole accused in Crime No.78 of 2016 of Srikalahasti Rural Police Station, Chittoor District, filed the present Criminal Petition under Sections 437 and 439 of the Code of Criminal Procedure, 1973, seeking enlargement on bail in the above crime registered for the offences punishable under Sections 376, 366(a), 342, 323, 506 of IPC, Section 3(a) read with Section 4 of Protection of Children from Sexual Offence Act, 2012, Section 3(1)(xi) of Prevention of Atrocities (SC & ST) Act, 1989. 3.

The case of the prosecution is that on 08.06.2016 at about 06.00 p.m., when the informant was returning home after attending nature's call at a distance to her house, the accused insisted the victim girl to come along with him to his house. When she refused to do so, the accused is alleged to have dragged her onto his motorcycle and took her to his bedroom, locked the doors, slapped her, threatened her with dire consequences and committed sexual assault several times under intoxication till she fell unconscious.

Subsequently, he left the place locking her inside the room. When the victim girl gained her conscious on 09.06.2016, the mother and cousin sister of the accused rescued her from the room. Basing on the said allegations, the above crime came to be registered.

CPK,J CrlP_12737_2016 4.

Having regard to the nature of allegations made which in my view are grave and serious in nature and as the case is still under investigation, I am not inclined to grant bail to the petitioner. 5.

Accordingly, the Criminal Petition is dismissed. However, it is always open to the petitioner to renew his request before the trial Court after completion of investigation, in which event the same shall be dealt with, in accordance with law.

_______________________ JUSTICE C. PRAVEEN KUMAR Date:06.09.2016 vhb