Andhra Pradesh High Court – Amravati
Sri Akurathi Ramakrishna vs Special Assistant Public Prosecutor
BENCH – HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD
CRIMINAL PETITION No. 3421 of 2023
Date of Judgement – 18.05.2023
INTRODUCTION
This case is about the denial of bail petition in case of non-bailable offences (section 437 cr.p.c.) and the power of high court or court of session regarding bail (section 439 cr.p.c.).
All the provisions followed in this case are as follows: –
Section 376(2)(n) of IPC. Where a woman is raped by one or more in a group of persons acting in furtherance of their common intention, each of the persons shall be deemed to have committed gang rape.
| Section 354 of IPC. Voyeurism | 1 to 3 years + Fine for first conviction 3 to 7 years + Fine for second or subsequent conviction |
Section 384 of IPC. Whoever commits extortion shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Section 323 of IPC. Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
Section 420 of IPC. Cheating and dishonestly inducing delivery of property.
Section 506 of IPC. Punishment for criminal intimidation—Whoever commits, the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Section 34 of IPC. Acts done by several persons in furtherance of common intention—When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.
The court heard Sri Akurathi Ramakrishna, Learned Counsel representing Sri Akurathi Ramakrishna vs Special Assistant Public Prosecutor the Petitioner/Accused No.1 and Learned Special Assistant Public Prosecutor for the Respondent- State.
This Criminal Petition, under Sections 437 and 439 of Cr.P.C., has been filed by the Petitioner/A1, seeking regular bail, in Crime No.134 of 2023 of Eluru III Town Police Station, Eluru District. A case has been registered against the Petitioner and another for the offences punishable under Sections 376(2)(n), 354(C), 384, 323, 420, 506 read with 34 of IPC.
FACTS
On 25.1.2023, when the Husband of the de facto Complainant was not at home, the Petitioner/Accused No.1 along with another came to the house of the de facto Complainant asked about her husband and offered Badam Milk. After drinking the same, the de facto Complainant fell unconscious and the Petitioner had fulfilled his sexual desires with her and taken videos in his phone. Thereafter, the Petitioner used to threaten to post videos in social media if she does not agree to his demand. In that process, the Petitioner demanded and took Bank Cheques from her.
JUDGEMENT
Learned Counsel for the Petitioner submits that the Petitioner was arrested on 03.4.2023 and remanded to judicial custody. Learned Counsel submits that the Petitioner was falsely implicated in this case by the husband of the de facto Complainant, who was a Colleague of the Petitioner, due to evade the loans taken from the Petitioner and his friends.
The allegations that were made against the Petitioner were heinous in nature, this Court was not inclined to grant bail to the Petitioner at this stage.
JUDGEMENT REVIEWED BY HARSHIT JAIN
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