AI Structured Summary
Not yet generated for this judgment
Judgment
K.Sreenivasa Reddy, J
The Criminal Petition, under Sections 437 & 439 of the Code of Criminal Procedure, 1973, is filed on behalf of the petitioner/A.1 to grant bail in connection with Crime No.514 of 2022 of Patamata Police Station, Vijayawada City.
Originally a case has been filed as against the accused for the offences punishable under Sections 417, 420 and 506 IPC. Thereafter, the police during investigation has altered the Sections of law to Sections 376(2)(n), 313, 323, 354D, 417, 420 and 506 IPC.
The brief averments of the case are that a report was given by de facto complainant stating that she married in the year 2014 and thereafter her husband died in the year 2019. After the death of her husband, she joined in Volkswagen company as an employee. At that place, petitioner/Accused No.1 got acquaintance with her with his sweet words. In the month of August, 2020, petitioner/Accused No.1 married another woman. Thereafter, the petitioner/Accused No.1 lured the de facto complainant that he got married for the sake of his mother only but he did not like the marriage and also stated that he did not like his wife and he intended to give divorce to her. On several occasions, he revealed that he is not living with his wife closely. Thereafter, on the said ground the accused had sexual intercourse with the de facto complainant and cheated her and caused miscarriage without her consent. Later, he avoided to marry her.
Learned counsel for the petitioner submits that even accepting the entire accusations made as against the petitioner to be true, the offences under Sections 376 and 313 IPC would not attract as against the petitioner for the reason that admittedly the petitioner and the de facto complainant were living together since a long time.
Learned Assistant Public Prosecutor opposed the application on the ground that investigation is still pending.
Heard. Perused the record.
On a perusal of the entire material on record, this Court comes to conclusion that both the de facto complainant and the petitioner/A1 are living together and thereafter when the accused denied to marry the de facto complainant, the de facto complainant resorted to file the present complaint as against the petitioner. The petitioner was arrested on 22.07.2022 and since then he is in jail. Most of the investigation has been completed.
In view of the afore-said facts and circumstances of the case, this Court is inclined to grant bail to the petitioner.
Accordingly, the Criminal Petition is allowed and the petitioner shall be released on bail, in Crime No.514 of 2022 of Patamata Police Station, Vijayawada City, on furnishing a personal bond for Rs.10,000/- [Rupees Ten Thousands only] with two sureties for the like sum each to the satisfaction of the VI Additional Chief Metropolitan Magistrate, Vijayawada City.
Further, the petitioner is directed to attend before the Station House Officer, Patamata Police Station, Vijayawada City, once in a week till the filing of the charge sheet.