The single judge dismissed a Criminal Petition filed under Section 438 CrPC seeking anticipatory bail. The court refused relief due to the specific and serious nature of allegations involving false promise of marriage and sexual intercourse.
Anticipatory bail under Section 438 CrPC was denied and the criminal petition was dismissed.
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HON’BLE JUSTICE G. SRI DEVI
CRIMINAL PETITION No.3413 of 2019
O R D E R :
This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973 is filed by the petitioner, who is the sole Accused, for grant of anticipatory bail in the event of his arrest in Crime No.154 of 2019 of Sathupally Police Station, Khammam District, registered for the offences punishable under Sections 376, 417 and 420 of IPC.
The case of the prosecution is that when the defacto complainant, who is the victim, was working in Lakshmi Dental Hospital, Sathupally, the petitioner, who is also working in the same Hospital, got acquaintance with the victim, which resulted in love, and with a false promise of marrying her, the petitioner had a sexual intercourse with the complainant for a period of two years, subsequently when the victim insisted the petitioner to marry her, the petitioner refused to have any acquaintance and relationship with the victim. Basing on the complaint lodged by the defacto complainant, the police registered Crime No.154 of 2019 for the aforesaid offences against the petitioner.
Heard learned counsel for the petitioner/Accused and the learned Additional Public Prosecutor appearing for the respondent State. Perused the material on record.
, J Crl.P.No.3413 of 2019
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Learned counsel for the petitioner contends that as the petitioner refused the marriage proposal made by the defacto complainant, the complainant has lodged the present complaint against the petitioner to coerce the petitioner to marry her. It is also contended that the petitioner cannot marry the defacto complainant against the wishes of his parents. It is also contended that there is no explanation as to why the defacto complainant waited for such a long period of two years for proposing marriage with the petitioner. It is also contended that the petitioner is a private employee and the entire family is dependent on him. It is also contended that the petitioner is ready to abide by any conditions imposed by this Court, including assisting the investigating agency for his release on anticipatory bail in the event of his arrest in the above crime.
On the other hand, the learned Additional Public Prosecutor opposed the relief sought in the above petition.
A perusal of the record reveals that there are specific allegations made against the petitioner that by making a false promise of marrying the defacto complainant, he had sexual intercourse with her and subsequently when she insisted him to marry her, he refused to marry her. Thus, in view of the specific and serious nature of allegations levelled against the petitioner, I am not inclined to grant anticipatory bail to the petitioner.
GSD, J
Crl.P.No.3413 of 2019
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Accordingly, this Criminal Petition is dismissed.
As a sequel, miscellaneous petitions pending, if any,
shall stand closed.
JUSTICE G. SRI DEVI
22.07.2019. Msr
GSD, J
Crl.P.No.3413 of 2019
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HON’BLE JUSTICE G. SRI DEVI
CRIMINAL PETITION No.3413 of 2019
22.07.2019 Msr
2 issues framed by the court
Whether anticipatory bail should be granted to the accused facing allegations of sexual intercourse by false promise of marriage and refusal to marry.
Whether the gravity of specific and serious allegations precludes the grant of anticipatory bail under Section 438 CrPC.
1 provisions across 1 enactments
Accused (Petitioner)
State
G. Sri Devi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
