Shark Gali Saida @ Piddu, Vs The State of Andhra Pradesh

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3305 OF 2025

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Between:

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Shaik Gall Saida @ Piddu, S/o Moula, Aged 27 years, R/o Paritala Village, KanchikaeherlaMandal, NTR District.

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...PETITIONER/ACCUSED No.1

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AND

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The State of Andhra Pradesh, Through Station House Officer, Kanchikaeherla Police Station, Rep. by its Public Prosecutor High^{CourtofAndhraPradeshat} Amaravati

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...RESPONDENT/COMPLAINANT Petition under Section 480 and 483 of BNSS, praying^that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to release the petitioner on bail in Cr.No.43/2025 dated 09-02-2025, on the file of the Kanchikaeherla P.S., NTR Commissionerate. This Petition coming on for hearing, upon perusing^{theMemorandum} of Grounds of Criminal Petition and upon hearing the arguments of Sri Veladi Sai Sri. Harsha, Advocate for the Petitioner and the Public Prosecutor (AP) on behalf of the Respondent The Court made the following:

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APHC010156282025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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[3369]

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MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO

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CRIMINAL PETITION NO: 3305/2025

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Between:

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Shark Gali Saida @ Piddu

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...PETITIONER/A.1

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AND

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The State Of Andhra Pradesh

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...RESPONDENT/COMPLAINANT

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Counsel for the Petitioner/accused:

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1.VELADI SAI SRI HARSHA

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Counsel for the Respondent/complainant:

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1. PUBLIC PROSECUTOR

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The Court made the following ORDER:

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The Criminal Petition filed, under Sections 480 and 483^ofthe Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’)^{seekingregularbail,by} petitioner/A.1 in Cr.No.43/2025 of Kanchikacherla Police Station, NTR Commissionerate, registered for the offence under sections^{318(2),318(4),} 64(1), 70(1), 127(2), 351(2), 87 r/w 3(5) of Bharatiya^{NyayaSanhita,2023(for} short, ‘BNS’).

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The prosecution's case involves A1, a resident of Paritala^village,and the victim, a second-year B.Tech student from Tiruvuru,^{studyingatAmrutha} Sai Engineering College, near Paritala. A3, a classmate^{ofthevictim,isalso} implicated. A2, who met the victim during her commute^{tocollegeandhostel.}

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developed a friendship with her, took her to various^{places,andphotographed} her. A2 allegedly introduced A1 to the victim. On 12.01.2025^at11:00am,A2 invited the victim to lunch, claiming there was a function^{athishouse. Trusting} him, the victim left the hostel with A2. Once at A2's^{house,A1andA3were} present. A2 left the scene under the pretext of a task,^{andduringhisabsence,} A1 locked the room, threatened the victim, and claimed to possess compromising photos of her with A2. He threatened to^{morphandshares} these images on social media. Afterward, A1 forcibly^{rapedthevictimagainst} her will. As the victim screamed for help, A2 and A3^{increasedtheTVvolume} to ensure that the neighbors couldn't hear her cries.^{Thevictimreportedly} asked A1, A2, and A3 to delete the photos from their^{phones.However,they} threatened her with dire consequences. Since then, A1 allegedly sent messages to the victim via WhatsApp, demanding she^{meethim,orhewould} post the naked photos on social media. Unable to endure^{thecontinuous} threats and harassment, the victim, along with her parents,^{filedareportwith} the police against the accused. Thus, A1 to A3 conspired^{todeceitfullylurethe} victim to the A.2’s house, where they assisted A1 in^{committingrapeagainst} her and afterward, they threatened the victim, warning^{thattheywouldpost} her naked photos and a video of the incident on social^media. 3. Learned counsel for the petitioner submits that the^complaintwas lodged with mala fide intention, solely to falsely^{implicatethepetitioner,who} was not present at the scene of the alleged incident. The^{petitionerhasbeen} in judicial custody since 10.02.2025. According to^the complainant, the incident took place on 12.01.2025 at around 11:00 a.m.; however, the complaint was filed only on 09.02.2025, resulting in^{anunexplaineddelayof} 28 days. A previous regular bail application (CrI.M.P.No.226/202⁵⁾ was dismissed on 20.03.2025. The petitioner undertakes^{tocooperatewiththe} investigating agency to facilitate the prompt completion^{oftheinvestigation.} The learned counsel, therefore, prays that bail be^{grantedtothepetitioner.}

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On the other hand, learned Assistant Public Prosecutor^opposedthe grant of bail to the petitioner, contending that the^{petitionerhasbeenaccused} of a heinous offence, it is submitted that the victim^{hasmadegraveallegations} specifically asserting that he was the main perpetrator against the petitioner, which forcibly raped her. The delay in lodging the^{complaint,itisargued,was} blackmailed by the accused, who threatened to publicy due to the victim being irreparable harm to her reputation. He share her photos, thereby causing further submits that the investigation is still ongoing with respect to the and the collection of medical certificates examination of some more witnesses for both the accused and the victim.

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learned counsel for the 5. I have heard Sri Veladi Sai Sri Harsha Public Prosecutor for petitioner/A.1 and Sri G. Neeiothpal, learned Assistant reiterated their the Respondent / State. Learned counsel on either side with the contentions presented in the petition submissions, which are on par and the report. 6. In Masroor V. State of U.P.\ a Division Bench of the Hon'ble Supreme Court observed as follows; 13 Though at the stage of granting bail, an elaborate of evidence and detailed reasons touching the merit of the case which may creluZ Z accused, should be avoided but there is a need ot indicate in Zh order reasons for prima facie concluding why bail^{wasbeinggrante} a serious pauTdTy Where the accused is charged of having committed offence.

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prosecution, sexual contends that even as per 7. The petitioner consensual and the victim was in a relationship intercourse with the victim was According to the prosecution on with the petitioner for the past year with the victim, invited 12.01.2025 at 11.00 AM, A.2, who was in a relationship family function; trusting him, she her to lunch under the pretext of attending a she found no one there left her hostel with A.2; upon reaching A.2’s house ; A.2 then left, citing some work except A.1 and A.3, who were already present

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(2009) 14 see 286

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and threatened the victim, his absence, A.1 locked the room and during with A.2, and threatened to morph and claiming to possess photos of her social media; under this threat, A.1 forcibly raped the victim share them on she screamed for help, A.2 and A.3 increased the TV against her will and as requested A.1, A.2, and A.3 to delete volume to muffle her cries. The victim with dire consequences. Subsequently, the photos, but they threatened her im through WhatsApp, demanding a A.1 allegedly sent messages to the victim post her naked photos on social media. meeting, or threatening to

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officer seized the cell 8. As reflected in the record, the investigating of mediators. accused during the arrest, in the presence phones from the additional witnesses need to be the investigation, it is ongoing, as Regarding of both the accused and the victim are examined and the medical certificates still awaited. defacto complainant / Victim and A.3 were 9. It is important to note that the inq College, Paritala; A.2, B.Tech students at Amrita Sai Engineering second- year Deeksha Degree College, student of a third-year undergraduate complainant/victim through acquainted with the Kanchikacherla, became relationship; the petitioner (A.1) and they subsequently developed a Instagram assisted A.1 to forcibly raped the is a friend of A.2, who is alleged to have victim. 10 AS already noted, the offences under sections 318(2), 318W, 64(U against the petitione 70(1) 127(2), 351 (2), 87 r/w 3(5) of BNS registered is punishable by rigorous imprisonment for at least others. The offence of rape fine. Gang rape carries extendable to life imprisonment with a tentwentyyearsyears’ rigorous imprisonment, extendable to life imprisonment with a committed by the petitioner is grave in fine. The offence alleged to have been cannot be considered as a mere^{■physicalassault.} In an nature. In fact, rape the victim cannot be expected, occurrence of this type, the resistance from acting against the that the victim was inimical or was there is no allegation

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instigation of somebody else. Therefore, the cases relating to granting of bail in offences of rape are required to be approached differently, as granting of bail in such cases by adopting a liberal approach would be against the interest of the society.

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It is not necessary now to go into detail about the correctness or otherwise of the allegations made against the accused as this is a subject matter to be dealt with by the trial judge. The period of incarceration by itself would not entitle the petitioner/A. 1 to be enlarged^onbail. 12. In view of above, considering cumulative effect of entire facts and circumstances, without commenting upon the merits of the evidence and keeping in view the principles laid down by the Hon’ble Apex Court and other factors, like grievance of the offences including the severity of the punishment, manner in which it has been committed and its impact on the society petitioner/A. 1 is not entitled for bail, at this stage. 13. For all the foregoing reasons, I do not find any merit in the petition and the same is accordingly, dismissed. 14. It is explicitly clarified that the observations made in this Order are preliminary and pertain solely to the decision on the present application without indicating a stance on the case's merits.

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Miscellaneous applications pending, if any, shall stand^closed.

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SD/- K SRINIVASA RAJU ASSISTANT REGISTRAR

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