Pudi Venkatesh Balaiah vs State Of Andhra Pradesh

Lalitha Kanneganti, J

This petition is filed under Sections 437 and 439 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking regular bail to the petitioners/A-2 and A-3 in connection with Crime No.165 of 2021 of Gajulamandyam Police Station, Tirupati, Chittoor District, for the offences punishable under Sections 363, 366-A, 376(2) of the Indian Penal Code, 1860 (for short 'IPC') and Section 3 r/w 4, 16 r/w 18 of the Prevention of Children from Sexual Offences Act, 2012 (for short 'POCSO Act').

The case of prosecution is that a complaint was lodged by the de facto complainant who is father of the victim girl wherein it was stated that A-1 used to follow the victim girl and insisted her to marry him. It is stated that on 29.07.2021 A-1 to A-4 at about 11.00 Am reached CBID Colony, Renigunta and from there abducted the victim girl who is minor and went to Chennai and A-1 obtained a room in Sai International Lodge and then A-2 to A-4 left the victim with A-1 and left the place along with car. Later A-1 enjoyed the victim girl sexually and on 05.08.2021 A-1 left the victim girl. Basing on the said complaint, present crime was registered.

Heard Sri V.Siva Prasad Reddy, learned counsel for the petitioners and learned Assistant Public Prosecutor for the respondent-State.

Learned counsel for petitioners submits that all the allegations are against A-1 and only allegation against the petitioners is that, when A-1 and victim girl wanted to marry, petitioners taken them in the car to Chennai. Except that, there are no allegations against the petitioners. He submits that even as per 161 Cr.P.C statement of the victim, it is clearly stated that as both A-1 and the victim are in love, she voluntarily went along with A-1. He submits that petitioners are not committed any of the offences as alleged and they are languishing in jail from the last 57 days. Hence, their case may be considered for grant of bail.

On the other hand, learned Assistant Public Prosecutor submits that victim is a minor and petitioners have taken her in the car. He submits that 1st petitioner is a habitual offender and he is involved in Crime No.65 of 2018 of Gajulamandyam Police Station under the provisions of 376(2) of IPC and 5 and 6 of the POCSO Act. He further submits that in the case on hand, entire investigation is completed and charge sheet is also filed.

Taking into consideration the fact that entire investigation is completed, charge sheet is also filed and further petitioners are languishing in jail from the last 57 days, this Court deems it appropriate to grant bail to the petitioners.

Accordingly, the Criminal Petition is allowed. The petitioners/ A-2 and A-3 shall be enlarged on bail in connection with Crime No.165 of 2021 of Gajulamandyam Police Station, Tirupati, Chittoor District, on executing self bonds for Rs.20,000/- (Rupees twenty thousand only) each with two sureties for a like sum each to the satisfaction of the Court of the V Additional Judicial Magistrate of First Class, Tirupati, Chittoor District.

Consequently, miscellaneous applications pending, if any, shall stand closed.