Criminal Petition No. 3494 of 2012 · Andhra Pradesh High Court

This Criminal Petition is filed under Section 438 Cr.P.C., to direct the arresting police officials to release the petitioners on bail in the event of their arrest in connection with Crime No.184 of 2011 of Kuppam Police Station, Chittoor District, which was registered for the offences punishable under Sections 354, 447, 427, 506, 323 r/w 34 IPC.

Case of the prosecution is that on 3.12.2011 at about 5.00 p.m, the petitioners trespassed into the house site of the defacto- complainant and damaged the foundation of the house with JCB and when the defacto-complainant objected for the same, they outraged her modesty and threatened to kill her and caused simple hurt.

Learned counsel for the petitioners contended that 12 days after the alleged date of incident, the complaint is lodged, and that due to civil disputes between the accused and the defacto complainant, the present false complaint is lodged.

On the other hand, the learned Additional Public Prosecutor has opposed the same stating that a specific allegation is leveled against A.3 and therefore, a prima facie case is made out against A.3 and hence it is not a fit case to grant anticipatory bail to A.3.

As seen from the allegations, it is clear that A.3 who allegedly pulled the saree and blouse of the defacto-complainant, which would prima facie attract the ingredients of Section 354 IPC. Hence, it is not a fit case to grant anticipatory bail to A.3. Insofar as the petitioners 1, 2 and 4/A.1, A.2 and A.4 are concerned, omnibus allegations are leveled against them with regard to trespass and criminal intimidation. There is no allegation against them with regard to pulling of the saree and blouse of the defacto-complainant and hence it is a fit case to grant anticipatory bail to the petitioners 1, 2 and 4.

Accordingly, the petitioner Nos.1,2 and 4/A.1, A.2 and A.4 shall be released on bail in the event of their arrest in the above crime, on their executing personal bond for Rs.10,000/- (Rupees Ten thousand only) each with two sureties for the likesum each, to the satisfaction of the arresting police officials, and on further condition that they shall not cause inducement, threat or promise to the prosecution witnesses, and that they shall make themselves available for interrogation as and when required by the police.

The Criminal Petition is, accordingly, partly allowed.

17.04.2012. GK _______________________ JUSTICE K.C. BHANU THE HON’BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.3494 of 2012 Gk Date:17.4.2012