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N. TUKARAMJI
Vadla Bala Brahma – Appellant
Versus
State of Telangana – Respondent
ORDER :
(N. Tukaramji, J.)
1. This Criminal Petition is filed under Section 438 of Cr.P.C. by the petitioner seeking anticipatory bail.
2. The petitioner is sole accused in Crime No. 107 of 2024 on the file of the PS; Mohammadabad, Mahabubnagar District, within the territorial jurisdiction of the Special Judicial First Class Magistrate-cum-Mobile Court at Mohammadabad.
3. Heard Sri G. Kishore, learned counsel for the petitioner and Sri Khaja A. Vizarath Ali, learned Assistant Public Prosecutor for the respondent-State.
4. The case of the prosecution in brief is that the petitioner under the promise of marriage sexually exploited the de facto complainant, thereafter, neglected her and threatened with dire consequences and finally declined to marry her and married another woman. Thus, the petitioner committed offences under Sections 376, 417, 420, 506 of the Indian Penal Code, 1860 and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.
5. Learned Counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in the case. The overt act attributed is a created one and no offence under the SC
Anticipatory bail is not granted when specific allegations exist against the accused, necessitating custodial interrogation.
Anticipatory bail is not a right and should only be granted in exceptional circumstances, particularly in serious allegations where custodial interrogation is necessary to protect the investigation.
Anticipatory bail is denied due to serious allegations of deceitful sexual conduct, emphasizing the nature and gravity of the charges involved.
Anticipatory bail was denied based on prima facie evidence of offences under the SC/ST Act amid allegations of caste-based abuse.
The main legal point established in the judgment is that a petitioner who has jumped bail and is not available for trial may not be entitled to anticipatory bail under Section 438 of Cr.P.C.
The main legal point established in the judgment is that a petitioner's conduct, such as jumping bail in a related case and being unavailable for trial, can be considered in determining entitlement t....
The court's decision hinged on the prima facie case against the petitioner in a matter involving allegations of sexual offences against a minor, leading to the denial of anticipatory bail.
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