LAWS(TLNG)-2018-9-9

SUGALI RAJU NAIK Vs. STATE OF A.P.

Decided On September 28, 2018
SUGALI RAJU NAIK Appellant
V/S
State Of Ap Respondents

JUDGEMENT

(1.) The 1st petitioner is the defacto-complainant in Cr.No.221 of 2017 of Taluk Rural Police Station, Kurnool. The 2nd petitioner is wife of the 1st petitioner and mother of the deceased girl aged about 15 years, a minor, registered from the report of the defacto-complainant, dt.19.08.2017, for the offences punishable under Sections 302 read with 34 IPC, Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) amended Act, 2015(for short, 'the Act') and Section 5 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 (for short, 'the POCSO Act').

(2.) The accused persons are K.Janardhan Reddy-A.1, Correspondent of the Residential School known as Kattamanchi Ramalinga Reddy School, Vengannabavi, Dinnedevarapadu, Kurnool Rural Mandal (for short 'KRR School'). The A.2 K.Harshavardhan Reddy and A.3 K.Divakar Reddy are sons of the A.1. All are residents of Dinnedevarapadu village, Kurnool Rural Mandal. Pending investigation of the crime, it appears the A.1 was granted regular bail on 11.10.2017 in Crl.M.P.No.310 of 2017 and A.2 and A.3 were granted regular bail on the self same day, in Crl.M.P.No.315 of 2017 and they were in judicial custody since 18.09.2017 (A.2 and A.3) and A.1 aged about 17 years subsequently surrendered on 05.10.2017 and later he was granted bail supra.

(3.) The facts in granting regular bail to the 3 accused respectively are that as per the prosecution case, the deceased-minor girl was raped and murdered and it was created by the accused as if a suicide and it is an atrocity against the Schedule Tribe girl-the deceased between 8.00 P.M. to 11.30 P.M. at the hostel room of KRLR school referred supra on 19.08.2017. The deceased girl was studying 10th class in the residential school staying in hostel found died hanging to a sari knotted to the neck and the other knot to the ceiling fan in the hostel room. It is on the information by the hostel management to the defacto-complainant's wife (mother of the deceased), the father of the deceased went to the hostel and found minor girl died hanging to the ceiling fan in the hostel barrack room, it is later the school management got down the deadbody and shifted to the Govt. hospital mortuary, Kurnool. It is from the report of the defacto-complainant referred supra, the crime is registered.