CHINTA DURGA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The Criminal Petition has been filed by the petitioner/A.2, under Sec. 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS'), seeking anticipatory bail, in connection with Crime No.24 of 2025 of Bapatla Rural Police Station, Bapatla District, for the offences punishable under Sec. 78(1)(i), 79, 351(2), r/w.3(5) of Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS'), 12 r/w.11, 17 r/w.16 of POCSO Act, 2012.

(2.) The prosecution's case, in brief, is that when the defacto complainant was 14 years old, A.1 pursued her under the pretext of love. Her mother approached their village elder, who in turn questioned Peetha Ajay (A.1) about his intentions to marry her, but he denied. In 2022, the complainant married Pedduneni Prathap. After her first pregnancy ended in an abortion due to health issues, she became pregnant again. During her 7th month of pregnancy, A.1 posted a status on Instagram, which was noticed by her husband. This led to inquiries about him, and after her second pregnancy was also aborted. A.1 and A.2, pressured her to divorce her husband, claiming he would marry her. A.1 then threatened her husband, saying he would kill him if he came to Suryalanka, leading the husband to apply for a divorce. The accused also spread defamatory rumors about the complainant in the village, threatening her and her family with harm.

(3.) Learned counsel for the petitioner submits that the offences alleged against the accused are punishable with imprisonment of less than seven years and prays this Court to grant anticipatory bail to the petitioner. He further submits that the petitioner is a woman and mother of a dependent of two children. The petitioner has been implicated due to personal enmity and pressure from the complainant's family and there is no direct evidence to substantiate the claim against the petitioner and the allegations are vague.