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High Court for State of TelanganaCRLP/1138/2024disposed of no costs

Smt. Koninti Nirmala v. The State Of Telangana

2024-02-02K.Surender3 pages

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION Nos.1138 OF 2024 ORDER:

1.

This Criminal Petition is filed under Section 438 of Cr.P.C. by the petitioners/Accused Nos.4, 5 and 7 seeking bail in the event of their arrest in connection with Crime No.28 of 2024 on the file of Varni Police Station, Nizamabad District, registered for the offences under Sections 376 (3), 376 (2) (n) r/w. 109 of IPC and Section 5 (1) (n) r/w. 6 of POCSO Act, 2012 and Sections 9, 10 and 11 of the Child Marriage Act, 2006.

2.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the respondent-State and perused the record.

3.

The de-facto complainant is a public servant working as Integrated Child Development Services (ICDS) Supervisor. He identified that victim girl who was aged below 18 years was married to A-1 at the instance of these petitioners. 4.

The said complaint was filed on 18.01.2024 and A-1 was arrested and remanded to judicial custody.

5.

These petitioners who are women are relatives of A-1. Since the allegation is one of being in person present at the time of

marriage, the relief of anticipatory bail can be considered, subject to following conditions:-

1) The petitioners/Accused Nos. 4, 5 and 7 are directed to surrender before the Station House Officer, Varni Police Station, Nizamabad District, on or before 09.02.2024. Upon such surrender, the said Station House Officer shall release the petitioners/Accused Nos.4, 5 and 7 on bail, on their executing personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, for a like sum each to his satisfaction.

2) On such release, the petitioners/Accused Nos.4, 5 and 7 shall appear before the concerned Station House Officer for the purpose of investigation, as and when required.

3) The petitioners/accused Nos.4, 5 and 7 shall abide by the other conditions stipulated in Section 438(2) of Cr.P.C and shall co-operate with the Investigating Officer in investigating the case.

6.

Accordingly, the Criminal Petition is allowed. Miscellaneous applications, if any pending in this criminal petition, shall stand closed.

__________________ K.SURENDER, J Date : 02.02.2024 dv

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.1138 of 2024 Dt.02.02.2024 dv