Yalla Pradeep v. The State Of Andhra Pradesh
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY, THE FIFTEENTH DAY OF DECEMBER, TWO THOUSAND AND SEVENTEEN : PRESENT:
THE HON'BLE DR JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No. 12177 of 2017 Between:
1. Yalla Pradeep, S/o. Raju
2. Yalla Raju, S/o. Chinnaiah Petitioners (Accused 1 & 2 in Cr.No.197/2017 of Addanki P.S., Prakasam Dist) AND The State of Andhra Pradesh, rep. by its Public Prosecutor, High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh, through SHO, Addanki Police Station, Prakasam District.
Respondent/Complainant Petition under Section 438 of Cr.P.C. praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to enlarge the Petitioners/Accused No.1 and 2 on Anticipatory Bail, in the event of their arrest in connection with the Crime No. 197/2017 of Addanki Police Station, Prakasam District. The Petition coming on for hearing, upon perusing the petition and the grounds filed herein and upon hearing the arguments of Sri Y.Subrahmanyam, Advocate for the Petitioners and of the Addl. Public Prosecutor (AP) for the Respondent, the Court made the following ORDER:
" This petition is filed under Section 438 Cr.P.C. to grant anticipatory bail to the petitioners-A1 and A2 for the offences alleged under Sections 354, 354 (D) and 506 r/w 34 IPC.
2.
Heard learned counsel for the petitioners-A1 and A2, learned Additional Public Prosecutor representing the State and perused the record. 3.
The material on record reveals that on 28.10.2017 at 13.00 hours, the petitioner-A1 alleged to have abused the de facto complainant and threatened her when she refused to marry him. The petitioner-A1 also threatened that he would upload the photos and voice recordings in Face book, WhatsApp and Youtube. It is also alleged that the petitioner-A1 insulted the modesty of the de facto complainant by catching her hand and tuft of hair. It is alleged against the petitioner-A2 that he threatened the parents of the de facto complainant. 4.
As far as the petitioner-A1 is concerned, there are specific and grave allegations. The matter requires investigation. The release of the petitioner-A1 would hinder investigation and there is possibility of winning over the witnesses. Therefore, the petitioner-A1 is not entitled for bail under Section 438 Cr.P.C. As far as the petitioner-A2 is concerned, in view of nature of allegations levelled against him, he can be granted bail under Section 438 Cr.P.C. 5.
In the result, the Criminal Petition is dismissed insofar as the petitioner-A1 is concerned and the Criminal Petition is allowed insofar as the petitioner-A2 is concerned. The petitioner-A2 is directed to surrender before the Station House Officer, Addanki Police Station, Prakasam District, within 15 days from the date of this order. On such surrender, the said S.H.O. shall release the petitioner-A2 on bail, on his executing a personal bond for Rs.10,000/- (Rupees ten thousand only) with two sureties each in a like sum to his satisfaction. On release, the petitioner-A2 shall abide by the conditions mentioned under Section 438 (2) Cr.P.C. The petitioner-A2 shall attend before the S.H.O. concerned on every Sunday between 10.00 A.M. and 11.00 A.M. till filing of charge sheet." ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR
..2..
To
1. The Sessions Judge, Prakasam District at Ongole.
2. The SHO, Addanki Police Station, Prakasam District.
3. Two CCs to the Public Prosecutor (AP), High Court, Hyd(OUT)
4. One CC to Sri Y.Subrahmanyam, Advocate(OPUC)
5. One spare copy.
SAH
HIGH COURT Dr.SAJ DATED: 15-12-2017
ORDER
CRL.P.NO. 12177 OF 2017 ANTICIPATORY BAIL TO PETITIONER NO.2
DRAFTED BY: SAH APPROVED BY:
DRAFTED ON: 18-12-2017 HIGH COURT Dr.SAJ DATED: 15-12-2017
ORDER
CRL.P.NO. 12177 OF 2017 ANTICIPATORY BAIL TO PETITIONER NO.2