THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.14112 of 2024

ORDER :

This criminal petition is filed by the petitioner/accused under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhitha (for short ‘BNSS’) seeking regular bail in Crime No.1219 of 2024 of P.S. Meerpet, registered for the offence punishable under Section 64(2) of Bharatiya Nyaya Sanhitha, 2023 (for short ‘BNS’).

2. Heard Sri Rapolu Bhaskar, learned counsel appearing for petitioner and Mr. Syed Yasar Manoon, learned Additional Public Prosecutor appearing for the respondent-State and perused the record.

3. The case of the prosecution, in brief, is that the petitioner herein is working as Mason and construction Builder. Two years ago, while the petitioner was constructing a house at Turkayamjal, he got acquainted with the de facto complainant/victim and her husband/LW-2, who are working as watchman and mason. On 27.10.2024, the petitioner went to the house of victim when LW-2 is not present in the house and committed rape on victim woman.

4. The learned counsel for the petitioner would submit that though the petitioner has not committed any offence, he has been falsely implicated in the case by the de facto complainant, only to extort money. He further submitted that Section 64(2) of BNS is not attracted against the petitioner herein in the present facts and the petitioner is in judicial custody since 30.10.2024, and hence, prayed for grant of bail to the petitioner.

5. The learned Additional Public Prosecutor opposed the application stating that the offence committed by the petitioner is heinous in nature and he committed rape at work place. He further submitted that investigation is in progress and if the petitioner is released on bail at this stage, he may tamper with the evidence and may threaten the witnesses, and hence, prayed to dismiss the petition. 6. Having regard to the submissions made by both the learned counsel and perused the material on record, it appears that the petitioner committed rape on the victim at work place, which is a serious offence. Furthermore, investigation is in progress. In the said circumstances, this Court is of the considered view that it is not a fit case for grant of bail.

7. Accordingly, this Criminal Petition is dismissed.

Miscellaneous applications, pending if any, shall stand closed.

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K. SUJANA, J Date: 03.12.2024 rev