P Bharath vs State Of Andhra Pradesh

Nyapathy Vijay, J

This Criminal Petition, under Section 482 of B.N.S.S. has been filed by the petitioner herein/accused, seeking anticipatory bail, in Crime No.202 of 2024 of Tirchanur Police Station, Tirupathi District registered for the offences punishable under Sections 329(4), 64, 118(1) and 351(2) of B.N.S, 2023.

Heard learned counsel appearing on behalf of the petitioner and the learned Assistant Public Prosecutor for the respondent/State.

Perused the record.

As per the allegations, the complainant had married one person by name Mr.Omkar in 2015, and they were blessed with two daughters. Due to differences with Omkar, the marriage between them was dissolved, as per the order dated 08.12.2024 in F.C.O.P.No.143 of 2021, on the file of the learned Family Court-cum-V Additional District Judge, Tirupati. As per the complaint, the petitioner introduced himself as financier to the complainant and has given loan of Rs.5,000/- to her. Thereafter, taking advantage of the acquaintance, the petitioner herein used to call and chat with her through Whatsapp and Instagram. It is alleged that when the complainant was alone on 07.08.2024, the petitioner entered the house of the complainant and hit her with curtain rod and forcibly committed rape without her consent. When Omkar came, the petitioner/accused pushed Omkar and ran away from the house.

Learned counsel appearing for the petitioner contends that the physical intimacy between the petitioner and the complainant is with consent only.

On instructions, learned Assistant Public Prosecutor submitted the wound certificate of the complainant dated 08.08.2024, which shows that there is medical proof of forceful physical intimacy with the complainant is not forthcoming. The would certificate shows minor injuries, i.e., there is a contusion of 3x3 cm noted on the right side of the right elbow and small laceration cut of 0.5 cm noted in between index finger & thumb of the complainant.

Upon perusal of the material on record and the wound certificate of the complainant, this Court is of the prima facie opinion that case for anticipatory bail is made out by the petitioner. Moreover, the petitioner herein has permanent abode and there is no possibility of his fleeing away from jurisdiction of the Court.

In view of the aforesaid facts and circumstances and the contents of the wound certificate, this Court is inclined to consider request of petitioner for grant of anticipatory bail.

Accordingly, the petition is allowed with the following conditions:

i. In the event of arrest of the petitioner herein, he shall be enlarged on bail on his executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for the like sum each to the satisfaction of the concerned arresting/ Investigating Officer.

ii. The petitioner shall co-operate with the investigation and he shall not hamper the investigation and tamper with the prosecution witnesses.

As a sequel, miscellaneous petitions, if any pending, shall stand closed.