This Criminal Petition Is Filed ... vs State Of Uttar Pradesh
2021 Latest Caselaw 3459 AP

Citation : 2021 Latest Caselaw 3459 AP
Judgement Date : 9 September, 2021

Andhra Pradesh High Court - Amravati

This Criminal Petition Is Filed ... vs State Of Uttar Pradesh on 9 September, 2021

     HONOURABLE SMT. JUSTICE LALITHA KANNEGANTI

             CRIMINAL PETITION No.4973 of 2021
ORDER:

This Criminal Petition is filed under Sections 437 and 439

of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.')

seeking regular bail to the petitioner/A1 in connection with

Crime No.194 of 2021 of U.Kothapalli Police Station, East

Godavari District, registered for the offence punishable under

Section 376(2) of the Indian Penal Code, 1860 (for short 'IPC')

and Section 5(1) r/w 6 of Protection of Children from Sexual

Offences Act, 2012.

2. The case of prosecution is that when the defacto

complainant was helping one Lakshmi, who is the petitioner's

mother, petitioner used to move freely with the defacto

complainant and expressed that he is loving her and he is

intending to marry her as her caste and his caste is one and the

same. In the month of February, 2017 when her parents went

to do coolie work, at that time, petitioner had sexual intercourse

with her against her wish with deceitful words that he would

marry her. Since then the accused used to have sexual

intercourse with her now and then. When the defacto

complainant and her parents asked the accused to marry the

defacto complainant, he refused to marry her. Hence the

complaint.

3. Heard Sri G.V.Shivaji, learned counsel for the petitioner

and learned Assistant Public Prosecutor for the respondent-

State.

4. Learned counsel for the petitioner/Accused submits that

petitioner is falsely implicated in this case and even as per the

complaint, it is stated that from the year 2017 both the

petitioner and the defacto complainant were having relationship,

which is consensual. He relied on Judgment of Hon'ble Apex

Court in Sonu alias Subhash Kumar Vs., State of Uttar Pradesh

and another reported in 2021 SCC Online SC 181 where in it

was held that:

8. The contents of the FIR as well as the statement under Section 164 of CrPC leave no manner of doubt that, on the basis of the allegations as they stand, three important features emerge:

(i) The relationship between the appellant and the second respondent was of a consensual nature;

(ii) The parties were in the relationship for about a period of one and a half years; and

(iii) Subsequently, the appellant had expressed a disinclination to marry the second respondent which led to the registration of the FIR.

11. Bearing in mind the tests which have been enunciated in the above decision, we are of the view that even assuming that all the allegations in the FIR are correct for the purposes of considering the application for quashing under Section 482 of CrPC, no offence has been established. There is no allegation to the effect that the promise to marry given to the second respondent was false at the inception. On the contrary, it would appear from the contents of the FIR that there was a subsequent refusal on the part of the appellant to marry the second respondent which gave rise to the registration of the FIR. On these facts, we are of the view that the High Court was in error in declining to entertain the petition under Section 482 of CrPC on the basis that it was only the evidence at trial which would lead to a determination as to whether an offence was established.

He further submits that he has been languishing in jail from the

last 40 days.

5. Learned Assistant Public Prosecutor submits that

investigation is completed and charge sheet is filed.

6. Taking into consideration investigation is completed and

charge sheet is also filed, this Court deems it appropriate to

grant bail to the petitioner.

7. Accordingly, this Criminal Petition is allowed. The

petitioner/ Accused shall be enlarged on bail in Crime No.194 of

2021 of U.Kothapalli Police Station, East Godavari District, on

his executing self bond for Rs.20,000/- (Rupees twenty

thousand only) with two sureties for a like sum each to the