IMPORTANT POINT
An accused cannot seek anticipatory bail for newly added serious charges without challenging the prior bail order; the court emphasized the need for proper legal recourse.

ORDER :

(V.R.K. Krupa Sagar, J.) :

1. This criminal petition under section 482 of the BNSS is filed by the petitioner/accused to grant anticipatory bail in connection with Crime No.270 of 2023 of Indrapalem Police Station of Kakinada District for the offences punishable under Sections 376(2)(n), 354(c), 420, 506, 306 read with 116 of the IPC.

2. Heard arguments of Sri B.V.Rama Rao, the learned counsel for petitioner and learned Assistant Public Prosecutor for respondent/State.

3. The following facts are required to be noticed:

A lady aged 22 years lodged written information dated 19.11.2023 upon which, a FIR.No.270 of 2023 was registered for the offences under sections 417, 420 and 306 read with 116 of the IPC. The allegations do show that since the year 2021, she was learning tailoring work and during that phase, acquaintance developed between her and the accused. The accused used to befriend her and promised to marry her and this love continued for about 3 years. It is alleged that the accused wanted to do business in iron scrapping and required money and in that regard, he obtained Rs.5 lakhs cash and 8 sovereigns of gold from the victim lady. Sometime thereafter, when she demanded to marry her, he refused to marry her and she informed to his father and that was not fruitful. On 19.11.2023 she intended to lodge a police case but felt that her reputation may get damaged and she thought of committing suicide and then she swallowed her own silver ring. That was noticed by her father and she was admitted in the hospital and she survived. Then she lodged the written information with police. Investigation commenced and 10 witnesses were examined. The accused was arrested on 31.01.2024 and was produced before learned V Additional Judicial Magistrate of the First Class, Kakinada seeking his remand for 15 days to complete the investigation. The learned Magistrate entertained the prayer and considered the rival submissions and took the view that the material on record did not make out a case for section 306 read with 116 IPC. What remained was the offences under sections 417 and 420 IPC and there was compliance of Section 41A CrPC notice. It was in such circumstances, it directed the release of the accused on his personal bond for Rs.10,000/- with a direction to comply with the conditions mentioned in Section 41A CrPC notice. Thereafter, he made his appearance before the court and was directed to appear on receipt of summons and such order was made on 19.03.2024. This is the first phase of the case.

4. During the course of investigation, the investigating officer thought it fit to have the statement of the victim lady recorded under section 164 CrPC by the learned Magistrate. Accordingly, necessary applications were filed. On 23.03.2024, the learned Judicial Magistrate of the First Class – cum – VI Additional Civil Judge’s (Junior Divison) Court, Kakinada recorded the victim’s statement under section 164 CrPC. Subsequently, the investigating officer felt that the facts that were gathered so far including the statement of the victim lady recorded by the learned Magistrate contained material that the accused under the promise of marriage had sexual intercourse on multiple occasions with the victim lady and failed to marry and they do attract the offence of rape and therefore additional penal provisions were added and they are sections 376(2)(n), 354-C, 506 IPC.

5. Then, the prosecution filed a petition under section 437(5) CrPC seeking cancellation of bail and that was registered as Crl.M.P.No.3140 of 2024. Notice was served on the accused. He put in his attendance and filed a counter opposing the prayer made in the petition. After due hearing and enquiry, by an order dated 27.08.2024, the learned V Additional Judicial Magistrate of the First Class, Kakinada allowed the prayer of the prosecution and considered the rulings of the Hon’ble Supreme Court of India and passed the following order.

“On perusal of the decision of the Hon'ble Supr