Ithadi Niaranjan Pet... v. State Of A.P., Rep. ...

Petition filed under Section 438 of Cr.P.C. praying that in the circumstances stated in the Grounds of Criminal Petition, the High Court may be pleased to release the petitioner on bail in the event of his arrest in Crime No. 389 of 2020 dated 11-08-2020 for the offences under Section 353, 509, 506, 223, 354A, 354D of IPC against the petitioner in the interest of justice.

The petition coming on for hearing, upon perusing the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri. Jada Sravan Kumar, Advocate for the Petitioner and of the Public Prosecutor on behalf of respondents/State, the Court made the following

The Order of the Court was delivered by

M. Satyanarayana Murthy, J.:— This petition is filed under Section 438 of the Code of Criminal Procedure (for short ‘Cr.P.C.’) to enlarge the petitioner/Accused on bail in the event of his arrest in connection with Crime No. 389 of 2020 on the file of the Station House Officer, Dargamitta Police Station, SPSR Nellore District, registered for the offences punishable under Section 353, 509, 506, 223, 354-A, 354-D of Penal Code, 1860 (for short ‘IPC’).

2. The case of prosecution in brief is that, the petitioner who is working as a police constable developed illicit intimacy with a woman constable working in the very same department for the last four years and used to propagate about her character when she stopped talking to him. The prosecution further alleged that the petitioner developed grudge against the de facto complainant when she refused to co-operate with the petitioner and to fulfill his sexual desires. As such, on 11.08.2020 at about 20.30 hours, when the de facto complainant is on duty, the petitioner came to her and abused her in filthy language and the petitioner beat her on her face with hands and threatened her with dire consequences. Basing on her report the police registered the offences referred above and issued FIR.

3. The contention of the petitioner before this Court is that the petitioner and the de facto complainant are colleagues working as police constables in same police station as male and female and that due to differences in discharging their duties, the de facto complainant lodged false complaint and requested to grant pre arrest bail.

4. Whereas, the learned Public Prosecutor for State opposed the petition on the ground that due to illicit intimacy between the petitioner and the de facto complainant, the incident took place when the petitioner propagated certain allegations about bad character of the de facto complainant and requested to dismiss the petition.

5. As seen from the material on record, both the petitioner and the de facto complainant are police constables in the same police station and the crime was registered for various offences and the scene of offence is also at police station. But the question of committing such incident in the police station itself would not arise. However, taking into consideration of the avocation of both the petitioner and the de facto complainant and they are being co-employees, it is appropriate to direct the Station House Officer to release the petitioner on pre arrest bail in the event of his arrest in connection with the above crime.

6. In the result, the petition is allowed, directing the Station House Officer, Dargamitta Police Station, SPSR Nellore District to release the petitioner/Accused in Crime No. 389 of 2020 for the offences punishable under Sections 353, 509, 506, 223, 354-A, 354-D IPC, in the event of his arrest on executing personal bond for Rs. 10,000/- (Rupees ten thousand only) with two sureties for a like sum each to the satisfaction of the Station House Officer, Dargamitta Police Station, SPSR Nellore District.