IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THURSDAY, THE SEVENTEENTH DAY OF DECEMBER TWO THOUSAND AND NINE :PRESENT: THE HON'BLE SRI JUSTICE B. CHANDRA KUMAR CRIMINAL PEITTION No.10238 of 2009 Between: Rajulapati Koteswara Rao, S/o. Bhadrachalam Petitioners/Accused AND The State of A.P., rep by its Public Prosecutor, High Court of A.P., Hyderabad. Respondent/ Complainant Counsel for the Petitioner: SRI. T. PRADYUMNA KUMAR REDDY Counsel for the Respondent THE ADDL. PUBLIC PROSECUTOR Petition under Section 437 & 439 of Crl.P.C praying that in the circumstances stated therewith, the High Court may be pleased to release the petitioner on bail pending enquiry and trial in Crime No.101 of 2009 of Kuchipudi Police Station, Krishna District. The Court made the following Order: “This Criminal petition is filed by the petitioner/A-1 under Sections 437 and 439 of the Criminal Procedure Code seeking regular bail in Crime No.101 of 2009 of Kuchipudi Police Station, Krishna District. The petitioner was arrested for the offences punishable under Sections 376 (F) and 506 read with Section 34 of Indian Penal Code and Sections 3 (1) (xii) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities ) Act, 1989. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the Respondents/ State. The petitioner/A-1 is alleged to have committed rape on the victim girl on 19-06-2009, on, the next date evening report was given to the police. The petitioner/A-1 has been in judicial custody since 08-07-2009 i.e. since more than five months. In the circumstances, I am inclined to granted bail to the petitioner with the following conditions: The petitioner shall be enlarged on bail on his executing a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum each to the satisfaction of the learned Addl. Judl. Magistrate of First Class, Avanigadda, Krishna District. After release, the petitioner/A-1 is directed to report before the Station House Officer, Kuchipudi Police Station, on every Sunday between 10-00 a.m. and 11-00 a.m. until further orders. The petitioner/A-1 is further directed not to enter into Movva Village until further orders and he shall not tamper the prosecution evidence and shall not threaten the victim girl or any other witnesses. If he indulges in such activities, the prosecution is at liberty to file a petition for cancellation of bail. Accordingly , the Criminal petition is allowed.” Sd/-M. SURYANARAYANA MURTHY ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR 2 To 1. The Additional Judicial Magistrate of First Class, Avanigadda, Krishna District. 2. The Station House Officer, Kuchipudi Police Station Krishna District. 3. The Superintendent, Sub Jail, Avanigadda, Krishna District. 4. Two CCs to Public Prosecutor, High Court of A.P., Hyderabad (OUT) 5. One CC to Sri. T. Pradyumna Kumar Reddy, Advocate (OPUC) 6. One Spare Copy Note: The order dated 07-12-2009 passed in Crl.P.No.10238 of 2009 is modified as per the order of the Court dated 21-12-2009. Substitute this amended order in place of the previous order which was already dispatched on 18-12-2009. Sd/-U.S. SARMA ASSISTANT REGISTRAR HIGH COURT BCKJ DT. 17-12-2009 21-12-2009 AMENDED BAIL ORDER CRL.P.NO.10238 OF 2009 DIRECTION Drafted by: KK Drafted on: 17-12-2009 HIGH COURT BCKJ DT. 17-12-2009 BAIL ORDER CRL.P.NO.10238 OF 2009 DIRECTION