Badavath Mogili Alias Mogalali v. The State Of Telangana

HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION No.664 of 2022 O R D E R:

This Criminal Petition under Section 438 Cr.P.C. is filed by petitioner - Accused No.2 seeking bail in the event of his arrest in connection with Crime No.415 of 2021 on the file of Miryalguda Rural Police Station, Nalgonda District, registered for the offences punishable under Sections 376(2)(j), 376(2)(n), 506, 109 IPC and under Section 5(1) read with 6 of POCSO Act, 2012.

2.

The case of prosecution is that the mother of the victim girl lodged a report stating that A2 got introduced A1 to the victim girl since 11⁄2 year ago, and at the instigation of A2, A1 induced and lured the victim girl under the guise of love and marriage. On believing the words of A1, the victim girl fell in love with A1, and on the eve of Kallepally festival, A1 came to the house of A2 and in the absence of the mother of victim girl in her house, A1 had sexual intercourse with the victim girl. Thereafter, A1 took a room on rent basis in Arunodaya colony, where he had sexual intercourse with her and thereafter, A1 refused to marry her, thereby cheated her.

3.

Learned counsel for petitioner Smt Annapurna Sreeram, submits that even as per the complaint, all the allegations are against A1 and the only allegation against the petitioner is that he got introduced A1 to the victim girl, except this there are no allegations against him. Learned counsel submits that the petitioner is innocent and he has nothing to do with the alleged crime, and hence, his case may be considered for grant of pre-arrest bail.

4.

On the other hand, learned Assistant Public Prosecutor submits that the petitioner has introduced A1 to the victim girl and he also played

main role in commission of the offence. He submits that the investigation is pending and so far, 6 witnesses were examined and A1 was arrested and hence, he is not entitled for pre-arrest bail. 5.

Taking into consideration the fact that the only allegation against the petitioner is that he got introduced A1 to the victim girl, except that there are no allegations against him, this Court deems it appropriate to grant pre-arrest bail to petitioner/A2.

6.

The Criminal Petition is allowed. Petitioner - Accused No.2 shall surrender before the Station House Officer, Miryalguda Rural Police Station, Nalgonda District, in connection with Crime No.415 of 2021 within one week from today and on such surrender and executing a personal bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the said Station House Officer, she shall be released on bail. It is made clear that no further extension of time will be granted.

________________________ LALITHA KANNEGANTI, J 1st February, 2022.

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