AI Structured Summary
Not yet generated for this judgment
Judgment
Venkata Jyothirmai Pratapa, J
Since both the Criminal Petitions are filed, under Section 437 & 439 of Cr.P.C., seeking regular bail, by different accused i.e. Crl.P.No.2793 of 2024 (filed by A.1), and Crl.P.No.3369 of 2024 (filed by A.2), in same crime viz. Crime No.8 of 2024 of Sydapuram Police Station, SPSR Nellore District, they are being taken up together for disposal by way of this Common Order.
A case has been registered against the petitioners for the offences punishable under Section 354A, 354D, 506 and 306 read with 34 of Indian Penal Code (for short ‘IPC’).
Case of the prosecution, in brief is that the victim girl aged 17 years studying 1st year of Intermediate in Swarnandhra Bharathi College, Gudur. On one day while victim girl was waiting for bus at Court center, the A.2 who is their neighbor dropped the victim girl at their home in his auto and on the next day also the A.2 along with A.1 brought the victim girl in said auto, on the way both the accused have hatched a plan to kidnap the victim girl and threatened her to fulfill their sexual desire otherwise, they will commit rape on her, one Srinu who is their relative has witnessed the same and thereafter the accused have dropped the victim girl at home. After arriving home the victim girl has informed about the incident to her parents, the parents of victim girl consoled her assuming that they will pursue the matter and gave report to the police, on 10.01.2024 out of fear of accused that they would commit rape on the victim girl, the victim girl committed suicide by hanging.
Heard Sri Y.V.S.S.Dharaneesh, learned counsel for the petitioners/A.1 & A.2 and Ms D.Prasanna Lakshmi, learned Assistant Public Prosecutor representing the respondent/State.
Learned counsel for the petitioners would submit that there are no ingredients to attract the offence under Section 306 of IPC against the petitioners. The petitioner/A.1 is pursuing his studies. False case is lodged against him. Initially the case was lodged under Section 354-D of IPC. The alleged incident occurred on 04.01.2024, but the case is lodged on 10.01.2024.
Learned counsel further submits that after registering the FIR, on that day itself the victim girl died. She is aged about 17 years. The petitioner/A.2 is the auto driver, he is nothing to do with the offence alleged against him, prays for their enlargement on regular bail.
Leaned Assistant Public Prosecutor would submit that the investigation is completed, charge sheet is filed. The court may pass appropriate orders.
As seen from the record, the petitioners/A.1 and A.2 have been in judicial custody since 11.01.2024. The investigation is completed and charge sheet is also filed. The trial may take some time. Considering the stage of the case and also considering the facts and circumstances under which the victim girl committed suicide, it is apposite to release the petitioners/A.1 & A.2 on regular bail on the following conditions:
i. The petitioner/A.1 in Crl.P.No.2793 of 2024 and the petitioner/A.2 in Crl.P.No.3369 of 2024 shall be released on bail on executing a personal bond for Rs.20,000/- (Rupees twenty thousand only) each with two (02) sureties each for a like sum each to the satisfaction of the learned Additional Judicial Magistrate of First Class, Gudur.
ii. The petitioners are directed not to hamper the investigation and tamper with the prosecution witnesses.
iii. It is made clear that the petitioners 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.
Accordingly, both the criminal petitions are allowed.
As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.