Andhra Pradesh High Court - Amravati
Criminal Procedure vs Unknown on 22 September, 2021
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
CRIMINAL PETITION NO.5202 of 2021
ORDER:-
This petition is filed under Sections 437 and 439 of Code of the
Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking regular arrest
bail to the petitioner/Accused in connection with Crime No.172 of
the Station House Officer, Parvathipuram Town Police Station,
Vizianagaram District for the offences punishable under Sections
376 and 420 of the Indian Penal Code, 1860 (for short 'IPC') and
Section 3(1)(w)(i) and 3(2)(v) of Scheduled Caste and Scheduled Tribe
(Prevention of Atrocities) Amendment Act, 2015 (for short SC&ST
(POA) Act).
2. A report was lodged by the de facto complainant wherein it was
stated that the complainant is working as a volunteer in
Parvathipuram Town and the accused is working in Indian Army and
in the year 2015 while she was studying B.Ed at kalavarai, Bobbili,
she had developed acquaintance with petitioner who was studying in
a neighbouring college namely Swamy Vivekananda College and both
of them used to move closely. In the year 2018 petitioner called her
over phone and expressed his love for which, she informed that she
belongs to SC community, but petitioner threatened her that if she
does not love him, he would commit suicide. As such, she accepted
his proposal. In the year 2019 they both had physical intimacy and
on 15.05.2021 when she asked him about their marriage, he
postponed the matter. Thereafter on 20.05.2021, again both had
intimated physically. On 22.06.2021 when she asked about their
2
marriage, petitioner refused for the marriage by saying that his
mother is not agreeing and disconnected her phone. Basing on the
said complaint, the present crime was registered.
3. Heard Sri G.Venkata Reddy, learned counsel for the petitioner
and learned Additional Public Prosecutor for the respondent-State.
4. Learned counsel for petitioner submits that even as per the
complaint, both petitioner and the complainant are majors and it is a
consensual relationship between the parties and in the entire
complaint, there is no averment that petitioner has promised the
complainant that he will marry her and had sexual relationship with
her. He submits that even if all the allegations are assumed to be
correct, the offences under Sections 376 and 420 of IPC have no
application. In view of the differences between the parties, petitioner
has been implicated and that he has been languishing in jail from
25.08.2021. He further submits that petitioner is a responsible
officer in Indian Army. He relied on a judgment in Maheswar Tigga
v. The State of Jharkhand1 wherein it was held as follows:
The observations in this regard in Uday vs. State of
Karnataka2, are considered relevant:
"25...It usually happens in such cases, when two young persons
are madly in love, that they promise to each other several times
that come what may, they will get married. As stated by the
prosecutrix the appellant also made such a promise on more
than one occasion. In such circumstances the promise loses all
significance, particularly when they are overcome with emotions
and passion and find themselves in situations and
circumstances where they, in a weak moment, succumb to the
2020 (10) SCC 108
(2003) 4 SCC 46
temptation of having sexual relationship. This is what appears
to have happened in this case as well, and the prosecutrix
willingly consented to having sexual intercourse with the
appellant with whom she was deeply in love, not because he
promised to marry her, but because she also desired it. In these
circumstances it would be very difficult to impute to the
appellant knowledge that the prosecutrix had consented in
consequence of a misconception of fact arising from his
promise. In any event, it was not possible for the appellant to
know what was in the mind of the prosecutrix when she
consented, because there were more reasons than one for her to
consent."
Hence, his case may be considered for grant of bail.
5. Learned Additional Public Prosecutor submits that with a
promise to marry her and had physical relationship with the
complainant, as such, both Sections 376 as well as 420 IPC are
attracted to the facts of the case. He submits that investigation is
pending. He also submits that 164 Cr.P.C statement of the
complainant was already recorded.
6. Taking into consideration the allegations in the complaint
where prima facie accusations under Sections 376 and 420 of IPC
have no application and as already 164 Cr.P.C statement of the
complainant is recorded and further petitioner is languishing in jail
from 25.08.2021, this Court deems it appropriate to grant bail to the
petitioner.
7. Accordingly, the Criminal Petition is allowed. The
petitioner/Accused shall be enlarged on bail in connection with
Crime No.172 of 2021 of the Station House Officer, Parvathipuram
Town Police Station, Vizianagaram District, on his executing self
bond for Rs.20,000/- (Rupees twenty thousand only) with two
sureties for a like sum each to the satisfaction of the Court of
Additional Judicial First Class Magistrate, Parvathipuram,
Vizianagaram District.
Consequently, miscellaneous applications pending, if any, shall
stand closed.
___________________________
LALITHA KANNEGANTI, J
Date: 22.09.2021
KA
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
(Allowed)
CRIMINAL PETITION No. 5202 of 2021
Date: 22.09.2021
KA
