Urlapu Nageswara Rao vs State Of Andhra Pradesh

K.Sreenivasa Reddy, J

The Criminal Petition, under Sections 437 & 439 of the Code of Criminal Procedure, 1973, is filed on behalf of Accused No.4 for regular bail in connection with Cr.No.60 of 2022 of Maredumilli Police Station, Alluru Sitaramaraju District.

A case has been registered against the petitioner and others for the offences punishable under Sections 498-A, 376(2), 328, 354-C, 506 r/w 34 IPC, Section 4 of the Dowry Prohibition Act and Sections 3(1)(v), 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (PoA) Amendment Act, 2015.

The de facto complainant married Accused No.1 in the year 2013 and her husband was leading extra marital life with one Ambika Devi, who is the wife of the petitioner/A4, and also accused No.2 in this crime. On 04.04.2019, there was a party at her residence along with A1, A2 and A4 and after the party, she came to know that someone committed rape on her and the same was admitted by the petitioner/A4. On the next day, Accused No.1 sent some empty papers to put signatures for which the de facto complainant left her marital home and went to Maredumilli village. It is also alleged that the de facto complainant on many occasions and during all the years got harassed for the illegal relation of her husband with Ambika Devi and she also questioned with regard to the illegal act. On a complaint given by the de facto complainant, a case came to be registered initially as against Accused Nos.1 to 3 and subsequently, the petitioner was added as Accused No.4.

Learned counsel for the petitioner contended that the alleged incident had taken place in the year 2019 but the complaint came to be filed only in the year 2022. It is further contended that even as per the accusations made as against the petitioner, there is no accusation to the extent that the petitioner raped the de facto complainant and at a belated stage, the petitioner has been implicated.

On the other hand, learned Assistant Public Prosecutor opposed the bail application on the ground that investigation is still pending.

Heard. Perused the record.

A perusal of the entire material on record goes to show that all the accusations are directed against Accused No.1. The petitioner, being the husband of Accused No.2, has been implicated in the present crime, at a belated stage. The present complaint has been filed after lapse of two years. There is no accusation as against petitioner in FIR.

For the aforesaid reasons, this Court is inclined to grant bail to the petitioner.

Accordingly, the Criminal Petition is allowed and the petitioner – Accused No.4 shall be released on bail, in Crime No.60 of 2022 of Maredumilli Police Station, 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 Judicial Magistrate of First Class, Rampachodavaram.