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2025 DAILYLAW 5537 (AP)

KAGITHA VINAY BABU v. THE STATE OF ANDHRA PRADESH

CRLP/996/2025 · 2025-02-07

K Sreenivasa Reddy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

>// lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT FRIDAY, THE SEVENTH DAY OF FEBRUARY,~ TWO THOUSAND AND TWENTY FIVE / + :pRESENiI: HONOURABLE SRI JUSTICE K SREENIVASA REDD CRIMINAL PETITION NO: 996 OF 2025 ~ Between : Kagitha Vinay Babu, S/o.Kagitha Srinu, aged about 20 years Occ Private Job D.No 1-19 Near Church Peddapalle Village Nagaram Mandal, Bapatla District. ~ ...Petitioners/Accused AND The State of Andhra Pradesh, Rep.by public prosecutor High Court, Amaravathi / ...Respondent Petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to direct the station house officer, Bapatla Rural Police Station, Bapatla District, AP to release the petitioner on bail in the event of his arrest in connection with Crime No. 185 of 2024 of Station House Officer, Bapatla Rural Police station,Bapatla District. / Counsel for the Petitioner : Ms. V Lak`shmi Harish Counsel for the Respondent : Public Prosecutor. The Court made the following ORDER: The Criminal Petition, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is filed on behalf of the pet-ltioner/accused to grant anticipatory bail in connection with crime No.185 of 2024 of Bapatla Rural Police Station, Bapatla District. -. \,_ 2 J} 2. A case has been registered againstthe petitl-oner herein for the offences punishable under sections 65(1), 351(2) of the Bharatiya Nyaya Sanhita, 2023 (for short fBNS') and section 6 read with 5(1), 5(i)(ii) of the protection of children from sexual Offences Act, 2012 (for short lpocso Actl). 3. The case of the prosecution I'n briefl's that.I The de facfo complainant/vl'ctim is aged about 16 years and studyl'ng 10th class at Pedapalli village High School. on 27,09.2024, she along wl'th her friends Djvya Jyothi and Jagadeesh went to surya Lanka Beach. At that time, the petitioner/accused, being her vI'llager, also came there and he invited them to hl's room at surya Lanka. when Jagadeesh and Divya Jyothi went out to bring tiffin, the petl'tjoner/accused locked the doors and committed rape on the victim and threatened her with dire consequences, if she discloses the same to anybody. Later, on 21.ll.2024, when the vI-Ctim suffered illness, she was shI'fted to Nizampatnam Government Hospital, where the doctor rendered treatment to the vI®Ctl-m and declared that she is Pregnant. Hence, the present case was registered against the accused. \____ a .ir 6?Z# ``. -` 4. Heard. Perused the record. 5. A perusal of the material available On record goes tO Show that on the date of the incident i.e., on 27.09.2024, de facfo complainant herself invited the petitioner herein/accused to come to suryalanka beach stating that she was in depression because of her first love being broken with one K.Nagaraju. When the petitioner/accused had expressed his inability to come due to his job, the victim girl and others pestered and goaded the petitioner/accused that the victim wants to see him personally and in case of his failure to come, she will get upset and fu'rther depressed. In view of the said reason, the Petitioner Came all the way from Hyderabad to Bapatla. The record, pr,'ma rae,®e, Shows that it is the de facfo complainant who took initiative for taking room at that time and the petitioner herein paid an amount of Rs.700/- through phonepe to One Jagadeesh and, accordingly they took Room No.6 in Harivillu Beach Resorts. Further, it is alleged that the de facfo COmPla'lnant and the Petitioner/accused had gone physically. Pursuant to the aforesaid act, the Victim was examined by the doctor on 21.ll.2024 and she gave report |` \ EE 4 J7 on o1.12.2024. lt is further stated that in between the said period several mediations took place. The de facfo complainant is silent with regard to the first instance that has taken place on 27.09.2024. On a perusal of the material on record, I-I appears that I-I is the de facfo complainant who induced the petitioner herein to come a" the way from Hyderabad to Bapatla and in Pursuance Of the same the alleged act had taken place. petitioner /I is an employee I'n a Private Organization. 6. In view of the aforesaid circumstances, this court is incll'ned to grant anticjpatory bal'l to the petitioner/accused on the foIIowl'ng conditions. i) In the event of arrest of the petitl'oner herein/accused with regard to above crime, he shall be released on baI'l On his executing a personal bond for a sum of Rs.10,000/-(Rupees ten thousand only) with two suretl'es for the like sum each to the satisfaction of the arresting police officials. ii) petitioner shall make himself available for investigation as and when required and that he shall not cause any threat, inducement or promise to the prosecution witnesses. S. EEE=E= \ r23 7. Accordingly, the Criminal Petition is allowed. As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Pet'ltion shall stand closed. SD/-K. KASIRAO ACHARI T TRUECOPY,, ASSISTAN2asGISTRAR For , SECTION OFFICER To, 1. The Station House Officer, Bapatla Rural Police Station, Bapatla District. 2. One CC to Ms. V Lakshmi Harl'sh, Advocate [OPUC] 3. Two cos to Public Prosecutor (AP) High Court ofAndhra Pradesh [OUT] 4. One spare copy CVSS HIGH COURT SRK,J DATED.. 07/02/2025 BAIL ORDER CRLP.No.996 of 2025 ALLOWED \lQ EE# 1\15