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RAVI CHEEMALAPATI
Chiramani Kathyayani – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT
Ravi Cheemalapati, J. - This petition is filed under Section 438 of the Code of Criminal Procedure, 1973, to enlarge the petitioner on bail in the event of his arrest.
2. The petitioner is A-2 in Crime No. 19 of 2022 of Disha Women Police Station, Sri Potti Sri Ramulu Nellore District. A case under Sections 493, 312, 363, 506, 509 & 420 read with 34 IPC was registered against the petitioner and other accused in the above crime.
3. The case of the prosecution in brief is that on 29.04.2022 at 9.30 a.m. the de facto complainant reported that when their family lived at Naidupet from 2007 to 2018, A-1 by saying deceitful words had sexual intercourse with her forcibly on belief of lawful marriage even though she opposed. A-1's first wife/A-2 also supported A-1 for sexual intercourse with her. Thereafter A-1 shifted the family to Muthukur. A-1 caused abortions three times when the complainant got pregnancy however, she delivered a baby boy in the year 2019 through A-1. Later she came to know that A-1 had already got second marriage with one Dasipalli Venkatalakshmi and when she questioned about his misdeeds, A-1 and his two wives (A-2 and A-3) harassed the complainant in many ways
The court applied the principle laid down in arnesh Kumar v. State of Bihar case, emphasizing the need to follow the procedure under Section 41-a of Cr.P.C for offences punishable with less than seve....
The absence of specific overt acts against the petitioner in the nature of allegations led to the grant of pre-arrest bail under Section 438 of the Cr.P.C.
An accused who has not been declared a proclaimed offender under Section 82 of the Cr.P.C. is entitled to anticipatory bail, even if they were shown as absconding in the charge sheet.
A consensual live-in relationship that does not work out cannot be a ground for registering an FIR under Section 376 of the IPC.
The court's decision was influenced by the specific allegations made against the first petitioner/a1, the lack of specific allegations against the other petitioners/a-2 to a-4, and the direction for ....
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