Rape Not Mere Physical Assault, Liberal Approach While Granting Bail Against Interest Of Society: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that the offence of rape cannot be considered as a mere physical assault, and adopting a liberal approach while granting bail in such cases goes against the interest of the society.

In this regard, a Single Judge Bench of Justice T. Mallikarjuna Rao, observed,

“The offence of rape is punishable by rigorous imprisonment for at least ten years, extendable to life imprisonment with a fine. Gang rape carries twenty years' rigorous imprisonment, extendable to life imprisonment with a fine. The offence alleged to have been committed by the petitioner is grave in nature. In fact, rape cannot be considered as a mere physical assault. In an occurrence of this type, the resistance from the victim cannot be expected, there is no allegation that the victim was inimical or was acting against the instigation of somebody else. Therefore, the cases relating to granting of bail in offences of rape are required to be approached differently…”

Background

The court was hearing the petitioner's plea (accused no. 1) for regular bail in an FIR lodged under the BNS Sections 70(1)(gang rape), 77 (voyeurism), 351(2) (criminal intimidation), 69 (sexual intercourse by employing deceitful means), and 75(1) (sexual harassment) as well as provisions of the Information Technology Act. 

The State has alleged that petitioner a final year law student, developed intimacy towards the complainant, a third year law student, and promised her love and marriage. On this pretext, it was alleged that the petitioner deceitfully and forcibly had sexual intercourse with the complainant; it was also alleged that he secretly recorded the act.

It was alleged that the petitioner's friends showed the complainant recordings of these videos and threatened to share them publicly if she resisted their sexual demands. Under this duress, the complainant was forced to have sexual intercourse with the petitioner's friends (A2 to A4), who allegedly committed gang rape. Unable to bear the continuous harassment, the complainant attempted to commit suicide by hanging herself in a bedroom.

Findings

Highlighting that the charge sheet alone does not determine bail and the concerning involvement of the petitioner, the Court observed,

“Before adverting to the merits of the case, this Court would like to clarify that while the filing of a charge sheet is a significant factor in granting bail, it is not the sole criterion to be considered. This must be evaluated in conjunction with the facts and circumstances of the case at hand. In the present matter, although the charge sheet has been filed, the defacto complainant's statements, as recorded, specifically highlight the key role played by the petitioner in the commission of the alleged offence. The petitioner has been assigned the role of facilitating the participation of other persons who are accused in the case. Specifically, these persons are alleged to have coerced the defacto complainant into engaging in physical relations. The petitioner's role, according to the charges, involves actively participating in or enabling the actions of the other accused persons. This could suggest that the petitioner have played a key role in facilitating, encouraging, or possibly even directly pressuring the victim into the alleged situation.”

The Court held that while the medical report showed no evidence of recent sexual intercourse, the possibility of sexual assault could not be ruled out.

As such, the Court refused to enlarge the petitioner on bail.

Case Details

Case Number: CRIMINAL PETITION NO: 1986/2025

Case Name: Batha Vamsi v. The State Station House Officer

Date: 28.03.2025

Click Here To Read/Download Order