Crl.MP.No. 1102/2023 in Cr.No.

274/2023
of Old Guntur P.S., Dt:04.10.2023

IN THE SPECIAL COURT FOR TRIAL OF OFFENCES AGAINST

WOMEN-CUM-V ADDITIONAL DISTRICT & SESSIONS JUDGE, GUNTUR

Present: Smt. K. Neelima

Wednesday, this the 4th day of October, 2023

Crl.M.P.No.1102/2023
in
Cr.No.274/2023 of Old Guntur Police Station

Between:
Shaik Iliyas, S/o Abdul Hameedh, 23 years, Muslim,
1st lane, Jakeer Hussain Nagar, Old Guntur, Guntur Town
…Petitioner/Accused
AND

The State: Station House Officer, Old Guntur Police Station.

…Respondent/Complainant

This Petition came up on 29.09.2023 for hearing before me in the

presence of Sri Mogal Kalesha Baig, Advocate for the Petitioner/Accused and
the learned Addl. Public Prosecutor for the Respondent/Complainant and
having heard both sides and having perused the record till this day, this
Court made the following:

ORDER

1. This is a bail petition filed by the Petitioner/Accused under sec.437 &

439 of Cr.P.C. in Cr.No.274 of 2023 to enlarge him on bail.

2. The brief averments mentioned in the petition are as follows:

The petitioner submitted that he is falsely implicated in the case
registered under section 376 r/w 511 of IPC with baseless allegations of the
defacto/complainant. He was arrested and remanded to Judicial custody on
20.09.2023. There is delay in filing the report before police and the police
arrested him on 20.09.2023 and the same clearly shows that a false foisted
against him. Hence petitioner requested the court to enlarge him on bail.

3. The learned Addl. Public Prosector opposed the petition, stating that in
this case investigation not yet completed and thus the petitioner may
tamper the evidence and requested this court to dismiss the petition.

4. Heard the learned counsel for the petitioner and learned Addl. Public
Prosector for the respondent.
 Crl.MP.No. 1102/2023 in Cr.No.274/2023
of Old Guntur P.S., Dt:04.10.2023

5. Now the points for determination is

whether the Petitioner/Accused is entitled to bail?
POINT:
6. On perusal of record, it is noticed that this is a case registered against
the petitioner in crime number 274/2023 under sec. 376 r/w 511 of IPC of
Old Guntur Police Station. The Petitioner submitted that the complainant
made false allegations against him, basing on the false allegations he was
falsely implicated in this case and he is nothing to do with the offence and
requested the court to enlarge him on bail. The prosecution contended that
the accused came to the husband of defacto-complainant and enquired and
came to know that he has to leave the house to attend work early in the
morning. There after the husband of the defacto-complainant left the house
to attend the work and defacto- complainant bolted house door from inside.
Then the petitioner/accused came to her house and slowly opened the latch
of the door and arranged mobile phone camera with a view to record the
incident and sat beside her and tried to commit rape on the defacto-
complainant, in turn the defacto-complainant who resisted the accused and
raised huge cries. Then the accused has taken his cell phone and flew away
from the house of the defacto-complainant. The prosecution submitted that
the investigation is not yet completed and requested this court to dismiss
the petition.

7. On careful perusal of entire record, it is noticed that the alleged

offence occurred on 18.09.2023 and the petitioner was arrested and
remanded to Judicial custody on 20.09.2023. The remand report and
relevant record show that the investigation is not yet completed. Therefore
there is every possibility for the petitioner to tamper the evidence. Hence I
am not inclined to allow the petition. Point is answered accordingly.

8. In the result, the petition is dismissed.

Dictated to the Stenographer Grade-III, transcribed by her, corrected
and pronounced by me in open Court, this the 4 th October, 2023.

Sd/- Smt.K.Neelima
Spl. Judge for trial of offences against
Women-cum-V Addl.District & Sessions
Judge, Guntur.
Copy to:
1. The SHO, Old Guntur P.S.,
2. The learned Addl.P.P, V ADJ Court Guntur.
3. Sri Mogal Kalesha Baig, Advocate for the Petitioner/Accused.