Gudibanda Murali Vs the State of Andhra Pradesh

Gudibanda Siva Sankara, , S/o.Ramachandraiah, Aged about 60 years. Employee as MPDO, Pileru, R/o.D.NO.56/96-A, Battu Street, Rayachoty, Rayachoty Mandal, Annamayya District.

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Vandadi venkateswarlu, s/o.Gurrappa, Aged about 57 years. Busl-ness,

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R/o.Lakshmipuram, Galiveedu Road, Rayachoty, Rayachoty Mandal, Annamayya District.

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Petitl'oners/Accused 2 to 5

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AND

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The State of Andhra Pradesh, Rep.by I'tS Public Prosecutor High Court of A.P

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at Amaravathl-.

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Respondent

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petition under section 482 of BNSS (438 of Cr.P.C.,) 'lS filed Praylng that in the clrcumstances stated ln the affldavit filed ln support of the crlmlnal petltion, the HIgh Court may be Pleased tO grant antlCIPatOry ba" tO the petitioners/ Accused No 2 to 5 in the event Of their arrest ln COnneCtlOn Wlth crlme No 645 of 2024 Dt 3112 2024 Under SectlOnS 78 (2), 69,115 (2), 89, 351 (2), r/W3 (5) of BN.S and SectlOn 3 (1) (V) (S), 3 (2) (V) IVA) OfS.C , s T (POA) Amendment Act, 2015 on the file Of RayaChOty PollCe StatlOm Annamaayya District

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couNSEL FOR THE PETITIONERS SRl. KOGANTI NAGESWARA RAO

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couNSEL FOR THE RESPONDENT a. PUBLIC PROSECUTOR

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THE COURT MADE THE FOLLOWING ORDER

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This Criminal Petition, under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioners/A2 to A5, seeking anticipatory bail, in connection With crime No.645 of 2024 of Rayachoty U/G Police Station, Annamayya distr'lct.

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A case has been registered agaI'nSt the Petitioners herein and another for the offences punishable under sections 78(2), 69,115(2), 89 and 351(2) read with 3(5) of the Bharatl-ya Nyaya Sanhita, 2023 and Sections 3(1)(r)(s) and 3(2)(v)(va) of the Scheduled Castes and the scheduled Trl'bes (Prevention of Atrocl'ties) Amendment Act, 2015.

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Case of the prosecution, in brief, is that the de facfo complaI-nant and Al are working as Amenity Secretaries in Sachivalayam Nos.1 and 16 respectively, of Rayachoty Municl'pality, and they got acquaintance with each other. lt is alleged that A1, by promising to marry the de facfo complainant, had physical contact with her several times. when she became Pregnant, AI I'ntrOduCed his brother A2, who gave tablets to her. Trusting the words of Al that he would marry her, she took the tablets. Later, her pregnancy was removed. when she asked Al to marry her, he postponed it. on o2.12.2024, Al called her to Jagan Anna Housing Colony, Narayanareddygaripalli, Rayachoty MandaI, where he abused her in filthy language, beat her and raped her without her consent. on o3.12.2024, at about 08.00 PM, she went to the said colony to talk about the marriage and at that time Al and A3 tried to convince her. A3

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threatened her with dire consequences. on 14.12.2024, she met A4, the father of Al and informed him about what happened and requested him to do justice. But, he refused to perform marriage between her and A1. Subsequently, A5, the uncle of A1, came to her house and threatened her with dire consequences.

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Heard. Perused the record.

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A perusal of the material on record goes to show that all

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the allegations are directed against Al only. lnsofar as the petitioners I,erein are concerned, they are alleged to have instigated A1. Except the said averment, there is no other material to connect the petitioners herein to the alleged crime. Since all the petitioners herein are family members of A1, this Court is inclined to grant anticipatory bail to them on the following conditions.

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i) ln the event of arrest of the petitioners herein/A2 to A5

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in the above crime, they shall be enlarged on bail on their executing personal bonds for a sum of Rs.10,000/-(Rupees Ten Thousand only) each with two sureties of the like sum each to the satisfaction of the concerned Arresting Officer.

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ii) Petitl'oners shall make themselves available for interrogation by a poll'ce officer as and when required, and they shall not, directly or indirectly, make any inducement, threat or Promise tO any Person acquainted Wl'th the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.

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iii) Petitioners shall appear before the station House Officer concerned once in a week i.e., on every saturday between 10.00 AM and 01.00 PM till filing of charge sheet.

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