GOPALA SARMA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Petitioon, under Sec. 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS') is filed on behhalf of the Petitioner/Accused No.1 seeeking anticipatory bail in Crime No.152 of 2024 of Dwaraka Law and Order Police Station, Visakhapatnam City, reggistered for the offences punishable unnder Ss. 417, 420 and 376(2)(n) of the Indian Penal Code, 1860 (for short, 'IPC').

(2.) The case of the prosecution, in brief, is that on 9/10/2024, the Defacto Complainant filed a report with the police stating that she is a divorced woman who had posted her bio-datta in a WhatsApp group on 23/1/2023 in search of a suitable match for a second marriage. In connection with this, A1 came into contact with her in October 2023 and expressed an interest in marrying her. A1 sent nude photographs of men and women in compromising positions to her, despite her resistance stalked continuously from October 2022. On 7/12/2023, A1 arrived at Visakhapatnam Airport, took the Defacto Complainant to his house, and requested her to come to his bedroom to view the gold ornaments of his first wife. Taking advantage of the same, A1 committed rape on her forcibly without her consent and threatened the Defacto Complainant not to tell anyone about the forceful sexual intercourse. Thereafter, on 8/12/2023, A1 telephoned her, stated that he no longer wished to marry her, and began evading her telephone calls.

(3.) Learned counsel for the petitioner submits that the petitioner has been falsely implicated, with the delay in lodging the complaint suggesting an attempt to extort money. The petitioner is a public servant (Technical Officer in Bhabha Atomic Research Centre, Visakhapatnam) within the meaning of Sec. 21 of the IPC/Sec. 28 of the BNS, 2023. In the event of his arrest, there is a strong likelihood that he would be suspended pending disposal of the case. The petitioner is willing to face trial and is ready to provide solvent sureties for his release on anticipatory bail.