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CHEEKATI MANAVENDRANATH ROY
Tirumalasetti Bhaskara Rao – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT
Cheekati Manavendranath Roy, J. - These two Criminal Petitions under Section 438 of the Code of Criminal Procedure, 1973, are filed to enlarge the petitioners on bail in the event of their arrest.
2. The petitioners in Criminal Petition No.2683 of 2022 are a-2 to a-7 and the petitioners in Criminal Petition No.2739 of 2022 are a-8 and a-9 in the same Crime No.77 of 2022 of Kalla Police Station, West Godavari District. Therefore, these two petitions are heard together and they are being disposed of by this common order.
3. a case under Sections 449, 342, 354a, 302, 201 r/w 34 IPC was registered against the petitioners along with a-1 in the above crime.
4. Briefly stated, it is the case of the prosecution that on 04.04.2022 when the deceased was sleeping in her room in her house, a-1 trespassed into her room during night time and attempted to commit rape on her. The deceased resisted him. It is stated that a-1 has banged her head in the said process to the floor. The deceased sustained grievous injuries in the said attack and died. Thereafter, a-1 escaped from the scene of offence. It is the further case of the prosecution that the petitioners, who are a-2 to a-9, are all the re
The main legal point established in the judgment is that the nature of the offence determines the eligibility for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973.
The court has the discretion to grant bail, taking into consideration the peculiar facts of the case and imposing conditions for the release of the accused.
The necessary ingredients contemplated under Section 107 IPC for abetment to suicide were satisfied, leading to the dismissal of the anticipatory bail petitions.
Entitlement to anticipatory bail based on specific allegations of harassment and illegal demands.
Bail may be granted even in serious offences if the accused's fair trial rights are violated, and no compelling reason for continued incarceration exists.
The main legal point established in the judgment is the consideration of evidence, including the post-mortem report and witness statements, in granting bail for serious offences.
The seriousness of the offence and prima facie evidence from the FIR are crucial factors in deciding on anticipatory bail.
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