Parthapalli Harinath Prasad, Ysr Dist. v. The State Of A.P., Rep. By P.P.
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY, THE SIXTH DAY OF DECEMBER TWO THOUSAND AND SEVENTEEN :PRESENT:
THE HON'BLE DR. JUSTICE SHAMEEM AKTHER CRL. P. NO:11346 of 2017 Between:
Pathapalli Harinath Prasad @ Hariprasad @ Balaji @ Prasad S/o. Seshacharyulu @ Seshaiah, ..... Petitioner/Accused No.1 AND The State of Andhra Pradesh, rep. by Public Prosecutor, High Court of Judicature at Hyderabad.
.....Respondent Petition under Sections 437 & 439 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 Crime No. 146 of 2017 on file of the Kadapa I Town U/G Police Station, Kadapa, YSR District in the interest of justice; Counsel for the Petitioner :
SRI V.R.REDDY KOVVURI Counsel for the Respondent :
ADDL. PUBLIC PROSECUTOR (AP) The Court made the following ORDER:
"This petition is filed under Section 439 Cr.P.C. to grant bail to the petitioner-A1 for the offences alleged under Sections 304-II, 344, 386, 354, 376, 406 and 409 r/w 34 IPC and Sections 4, 5 (c), 6 and 16 of POCSO Act, 2012. 2.
Heard learned counsel for the petitioner-A1, learned Additional Public Prosecutor representing the State and perused the record. 3.
Learned counsel for the petitioner-A1 would submit that the petitionerA1 is innocent person and falsely implicated in this case. 4.
On the other hand, learned Additional Public Prosecutor opposed the grant of bail to the petitioner-A1.
5.
As per the material placed on record, the petitioner-A1 was remanded to judicial custody on 05.08.2017. The petitioner-A1 alleged to have sexually assaulted 9th class studying girl and caused the death of an old woman. The petitioner-A1 has not provided adequate provisions for the inmates of the home. A2 was granted bail on 08.11.2017. The petitioner-A1 is in jail from four months.
6.
Having regard to the nature of allegations and the material collected so far, the petitioner-A1 can be granted bail under Section 439 Cr.P.C. 7.
In the result, the Criminal Petition is allowed and the petitioner-A1 is ordered to be released on bail on his executing a personal bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties each in a like sum to the satisfaction of I Additional Judl. Magistrate of I Class, Kadapa. On release, the petitioner-A1 shall attend before the S.H.O. concerned on every Sunday, Wednesday and Saturday between 9.00 A.M. and 10.00 A.M. for a period of three months from the date of this order."
ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To
1. The I Addl. Sessions Judge, Kadapa.
2. The I Additional Judicial Magistrate of First Class, Kadapa.
3. The Station House officer, Kadapa I Town U/G Police Station, Kadapa, YSR Kadapa District
4. The Superintendent, Central Jail, Kadapa.
5. Two CCs to Public Prosecutor, (AP), High Court of Judicature, at Hyderabad (OUT)
6. one CC to Sri V.R. Reddy Kovvuri, Advocate (OPUC)
7. One Spare Copy
HIGH COURT AB DRAFTED ON 7-12-2017 DR.SA,J DATE: 6-12-2017
ORDER
CRL.P. NO. 11346 OF 2017 BAIL