CRLP/5665/2006 of Bommikonda , Bommukonda, Vs The State of A.P., on 22 December 2006

IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESHAT HYDERABAD

WEDNESDAY THE TWENTIETH DAY OF DECEMBER TWO THOUSAND AND SIX: PRESENT:THE HON’BLE SRI JUSTICE: K.C. BHANU

CRIMINAL PETITION No. 5665 of 2006

Between:Bommikonda @ Mommukonda S/oSydhulu

.. Petitioner/(Accused in Cr. No.107/2006 of Dachepalli P.S., Guntur District)

And

The State of A.P., rep by Public Prosecutor, High Court of A.P., Hyderabad

.. Respondent /Complainant

COUNSEL FOR PETITIONER : SriA. Jagannadha RaoCOUNSEL FOR RESPONDENT : The Public Prosecutor.

Petition under Sections 437 & 439 of Cr. P.C. praying the High Court maybe pleased to enlarge the Petitioner on bail in connection with Cr. No. 107 of 2006registered by the S.H.O. Dachepalli Police Station, Guntur District pendinginvestigation, trail and enquiry.

The Court made the following :ORDER :

“This Crl. Petition is filed to enlarge the petitioner on bail in connectionwith Crime No. 107 of 2006 registered by the S.H.O., Dachepalli PoliceStation, Guntur District, pending investigation.

It is alleged by the prosecution that the present petitioner-A2 caughthold of the hands of the de-facto complainant, whereas A-1 alleged tohave committed rape on the de-facto complainant, the Police registereda case under Section 376, read with 34 IPC and Section 3 (2) (V) of SCs& S.Ts ( POA) Act, 1999. The petitioner himself surrendered before the IIAdditional Munsif Magistrate, Gurazala on 21-11-06 and since then he isin judicial custody. The bail application of the petitioner was dismissedon the ground that investigation has not been completed.

It is seen from the material part of investigation that the petitioner hasnot committed any rape, except catching hold of the hands of the de-facto complainant.

In view of the above, the petitioner shall be released on bail on hisexecuting a bond for a sum of Rs. 5,000/- (Rupees five thousand only)with two sureties for a like sum each, to the satisfaction of the IIAdditional Munsif Magistrate, Gurazala, Guntur District.”

// TRUE COPY //

ASSISTANT REGISTRAR

for ASSISTANT REGISTRAR

1. The II Additional Munsif Magistrate, Gurazala, Guntur District

2. The Special Sessions Judge, Guntur

3. The Superintendent, Sub-Jail, Gurazala, Guntur District

4. The Station House office Dachepalli Police Station, Guntur District

5. Two CC’s to Public Prosecutor, High Court of A.P., Hyderabad (OUT)

6. One CC to Sri A. Jagannadha Rao, Advocate (OPUC)

7. One spare copy.

Skm

HIGH COURT

KCB,J

DATED : 20-12-2006