ILLURI ESWARAIH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Accused No. 1 in Crime No. 88 of 2022 of Disha Mahila Police Station, Anantapur, Anantapur District, filed the above criminal petition under Sec. 437 and 439 of Code of Criminal Procedure, 1973 (for short 'Cr.P.C') seeking regular bail.

(2.) The de facto complainant lodged complaint stating that she completed LL.B in SKU, Anantapur and from the last six years, herself and petitioner are loving each other. Petitioner is working as CISF constable in Delhi. During Dasara Vacation, 2019, petitioner came down to the village and complainant was staying with her friends in a room in Uma Nagar, Anantapur. She further stated that in the absence of her friends, petitioner came to room and on the promise to marry her, he had sexual intercourse with her. Later, when she asked the petitioner to marry her, he replied her to wait for six months. Though 11/2 years have been elapsed, there is no response from the petitioner. When she telephoned to petitioner, he informed complainant that his parents are not accepting for marriage as she belongs to SC community and they belongs to washermen community and he also switched off his phone from 31/11/2021(sic). It was further stated that on coming to know about her love affair, parents of complainant confined her to house. On 3/3/2022, she could come out of the house and on 8/3/2022 she along with one Narasimhulu and others went to the house of petitioner, where the parents and brothers of petitioner abused her by touching her caste. Basing on the said complaint, police registered the above crime for the offences punishable under Ss. 420, 376 of the Indian Penal Code, 1860 (for short 'IPC') and Ss. 3(2)(v), 3(1)(w), 3(1)(r)(s), 3(2)(v), 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (for short 'SC ST Act'). Petitioner was arrested and remanded to judicial custody on 19/5/2022 and since then he is in Central Prison, Anantapur.

(3.) Heard Sri T.V. Jaggi Reddy, learned counsel for the petitioner and the learned Special Assistant Public Prosecutor for State.