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IN THE HIGH COURT OF ANDHRA PRADESH
Y. LAKSHMANA RAO
Gadapu Ravi Teja, S/o Late Appala Naidu – Appellant
Versus
State Of Andhra Pradesh – Respondent
| Table of Content |
|---|
| 1. facts of the alleged crime and complaint. (Para 1 , 2) |
| 2. arguments for and against granting bail. (Para 3 , 4 , 5) |
| 3. court's observations and reasoning. (Para 6) |
| 4. distinguishing factors from similar cases. (Para 7) |
| 5. final decision on bail petition. (Para 8 , 9) |
ORDER :
Y. LAKSHMANA RAO, J.
The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNS S ’) by the petitioner/Sole Accused for granting of pre-arrest bail in connection with Crime No.99 of 2025 of Parvathipuram Town Police Station, Parvathipuram Manyam District, registered for the alleged offences punishable under Sections 69 & 88 of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS ’).
2. The case of the prosecution is that the de facto complainant reported that the she used to stay in Railway New Colony, Visakhapatnam by doing a job in real estate. She met the accused through Instagram. The accused made false promise to marry and in the guise of the same, he made sexual intercourse with her several times in her room at Railway New Colony, in OYO rooms at Railway New Colony, at Satyam Junction and in a room, Rama talkies area in Visak
Pre-arrest bail may be denied due to specific overt acts presented against the accused, highlighting the seriousness of the charges and potential for reoffending.
Pre-arrest bail requires special circumstances and may be denied if serious allegations exist that could affect the investigation.
A promise of marriage cannot vitiate consent given by a married woman, making allegations of rape based on such promises untenable.
The court determined that allegations of rape based on a false promise of marriage do not hold if the victim is married and both parties consented.
Pre-arrest bail granted where no custodial interrogation was deemed necessary due to lack of evidence and previous consent.
A charge of sexual assault based on a false promise of marriage cannot be sustained when the accused's prior marriage is still subsisting, and such circumstances, alongside a consensual relationship ....
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