Andhra Pradesh High Court - Amravati
Bathula Rajesh, vs The State Of Andhra Pradesh on 7 January, 2021
Bench: C.Praveen Kumar
eae
[ 2570]
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
THURSDAY, THE SEVENTH DAY OF JANUARY,
TWO THOUSAND AND TWENTY ONE
:PRESENT:
THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR
1A No. 1 OF 2021 of
IN oe
CRLA NO: 6 OF 2021 rr
Between: -- Senet
Bathula Rajesh, S/o. Srinu, Age 21 years, Caste: Vaddera, R/o. 3" Lane, C-Block,
Swarna Bharathi Nagar, Guntur Rural Mandal, Guntur District.
_. Appellant/Accused
(Petitioner in CRLA 6 OF 2021
on the file of High Court)
AND
The State of Andhra Pradesh, Rep by its Public Prosecutor, Address High Court of A.P.,
Amaravathi
_..Respondent
(Respondents in-do-)
Counsel for the Petitioner : SRI G.RAJU
Counsel for the Respondent : PUBLIC PROSECUTOR
Petition under Section 389(1) of Cri.P.C praying that in the circumstances stated
in the memorandum of grounds of criminal petition, the High Court may be pleased to
enlarge the petitioner on bail by duly suspending the calendar and judgment dated:: 26-
42-2020 in S.C.No.184 of 2017 on the file of special court for speedy trial of offences
under protection of children from sexual offences Act:: Guntur, pending disposal of
CRLA No. 6 of 2021, on the file of the High Court.
The court while directing issue of notice to the Respondents herein to show
cause as to why this application should not be complied with, made the following
order.(The receipt of this order will be deemed to be the receipt of notice in the case).
ORDER:
"Notice.
As seen from the record, the petitioner is convicted for the offence
punishable under Section 354-D IPC and Section 12 of POCSO Act and sentenced
to suffer simple imprisonment for a period of one year and pay a fine of Rs.2,000/-
The gist of the allegation is that on the fateful day, the accused is said to
have poured water on PW4 - victim girl through the window while she was
sleeping in her room. immediately, she woke up and informed her parents of the
same which lead to registration of the crime.
The learned counsel for the petitioner would submit that both PW4 and the
accused were in love with each other and used to meet regularly and this fact of
pouring water is only to give an indication to the victim girl to come out of the
room and the same waS said to have been witnessed. by her father. He further
pleads that except the evidence of PW4, there is no other evidence on record.
Having regard to the above, this Court is of the opinion that the petitioner
is entitled to be released on bail.
Hence, this application is allowed and the petitioner - accused shall be
released on bail on his executing a personal bond for a sum of Rs. 15,000/-
(Rupees Fifteen Thousand Only) with two sureties each for a like sum to the
satisfaction of lV Additional Junior Civil Judge, Guntur."
SD/- T.Madhavi
ASSISTANT REGISTRAR
ITTRUE COPY! ~
For ASSISTANT REGISTRAR
To,
1. The Special Court for Speedy trial of offences under protection of children from
sexual offences Act:: Guntur
One CC to Sri. G.Raju, Advocate [OPUC]
Twos CCs to Public Prosecutor, High Court of AP [OUT]
The Superintendent of Central Prison Guntur.
The IV Additional Junior Civil Judge, Guntur.
One spare copy
Soman
M
~ HIGH COURT
CPKJ
DATED:07/01/2021
ORDER
IA No. 1 OF 2021
IN
CRLA NO: 6 OF 2021
INTERIM DIRECTION
