High CourtsSingle Bench(2022) 11 AP CK 0026

Kadali Nagendra Kumar vs State Of Andhra Pradesh

Andhra Pradesh High Court · Decided on 11 November 2022

HON’BLE JUDGES
K. Sreenivasa Reddy, J
RESULT
Allowed
CASE NUMBER
Criminal Petition No. 8563 Of 2022

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Judgment

12 paragraphs · 482 words

K. Sreenivasa Reddy, J

1) The Criminal Petition, under Sections 437 & 439 of the Code of Criminal Procedure, 1973, is filed on behalf of the petitioner/sole accused to grant bail in connection with Crime No.366 of 2022 of Mogalthur Police Station, West Godavari District.

2) A case has been registered against the petitioner for the offence punishable under SectionS 419 IPC and 66(e) and 67 of the Information Technology Act, 2000.

3) Brief facts of the case are that, the defacto-complainant is resident of Mallavaram Village of Narsapuram Mandal. She is studying 1st Year B.Tech in AIML Branch, Swarnanandra College, Sitharampuram. From past few days i.e., since 09.06.2022, the accused had been sending some obscene messages to her as well as to her friends by creating fake accounts in their names in Instagram and Snapchat. When they blocked the accounts, the accused was sending messages to their friends. The accused was posting morphed nude photos of them and causing mental agony. Further, the accused was also observing their every moment and whenever they talk with their male classmates, he was posting them by spreading rumors about their characters. He was also threatening the girls by sending names of targeted girls. Basing on the report given by the defacto-complainant, the above case was registered against the petitioner and remanded to judicial custody.

4) Heard. Perused the record.

5) The petitioner were arrested on 06.10.2022 and remanded to judicial custody on 07.10.2022 and since then he is in judicial custody. It is submitted by the learned Assistant Public Prosecutor that as many as 8 witnesses have been examined who are the victims in connection with the above crime. Since the petitioner is student, and is in jail for more than one (1) month, this Court is inclined to grant bail to the petitioner/accused, on the following conditions.

(i) The petitioner shall be released on executing a personal bond for Rs.10,000/- (Rupees ten thousand only) with two sureties for like sum each to the satisfaction of the learned I Additional Judicial Magistrate of First Class-cum- I Additional Junior Civil Judge, Narsapur, West Godavari District;

(ii) On release, the petitioner shall appear before the Station House Officer, Mogalthur Police Station, West Godavari District, on every alternate day, between 10.00 a.m. and 01.00 p.m., till filing of the charge sheet.

(iii) The petitioner shall not directly or indirectly contact or threaten the witnesses under any circumstances and any such attempt shall be construed as an attempt of influencing the witnesses and shall not tamper evidence and shall co-operate with the investigation.

It is made clear that the petitioner shall scrupulously comply with the above conditions and breach of any of the above conditions will be viewed seriously and prosecution is at liberty to move an application for cancellation of the bail.

6) Accordingly, the Criminal Petition is allowed.

Miscellaneous applications, pending if any, shall stand closed.