Malothu Mohan Singh v. The State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD WEDNESDAY, THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY PRESENT THE HON,BLE DT. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION NO: 995 OF 2020 Between:

Malothu Mohan Singh, S/o Gajan Lal ....Petitioner/Accused No.'l AND The state of Telangana, Rep. by its Public Prosecutor, High court for the State of Telangana, at Hyderabad, through SHO' PS ll Town, Karimnagar ...ResPondent Petition under sections 437 & 439 of Cr.P.C, praying that in the circumstances stated in the petition and the grounds filed therein, the High court may be pleased to enlarge the petitioners/accused No. 1 on bail in Cr. No. 06 of 2020 on the file of the Karimnagar ll Town Police Station, Karimnagar in the interest of justice; This petition coming on for hearing, upon perusing the petition and the grounds filed herein, and upon hearing the arguments of Sri Nageshwar Rao Pujari, Advocate for the Petitioner and of the Public Prosecutor on behalf of the Respondent, the Court made the following;

ORDER:

This criminal Petition, under section 439 0f the code of criminal Procedure, 1973 (for short, 'cr.P.c.'), is filed by the petitioner/accused No.1 for grant of bail in crime No.6 of 2O2O of Karimnagar ll Town Police station, Karimnagar, registered for the offences punishable under sections 366, 498-A, 493,494,417 and 420 rlw 34 lPC. 2.

Heard the learned counsel for the petitioner/accused No.1 , the learned Public Prosecutor for the respondenVstate and perused the record' 3.

Learned counsel for the petitioner would submit that investigation in this case is already completed. There was love affair among lhe de facto complainant and the petitioner/ accused No.1. There was no forcibly marriage as alleged and ultimately prayed to allow the application as prayed for.

4.

On the other hand, learned Public Prosecutor opposed the grant of bail to the petitioner/accused No. 1 5.

There is material to show that when the de facfo complainant was studying lntermediate, the petitioner/accused No.1 got acquaintance with her and on 14.06.2019, he took her in a car to Ramalaya Temple and got married her around 5:00pm and thereafter, both of them lead marital life at Pallikonda village. Subsequently, the de facto complainant became pregnant. When she was having 5 months pregnant, the petitioner/accused No.1 quarreled with her and forced her to go with abortion and said that he already got married and having two children. There are specific and grave allegations of deceitful marriage conducted by the petitioner/accused No.1 with the de facfo complainant under the guise of love. There was also an attempt to abort the pregnancy. The investigation is in progress. The allegations are grave and therefore, it is not a fit case to enlarge the petitioner/accused No.1 on bail. This petition is devoid of merits and is liable to be dismissed.

5.

Accordingly, the Criminal Petition is dismissed. Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand closed.

Sd/- Dr. JUSTICE SHAMEEM AKTHER //TRUE COPY// oll"'

)) 'L.t) REGISTRAR (JUDtCtAL) SE OFFICER To, Judicial First Class Magistrate( SPL. Mobile PCR), Karimnagar. The Station House Officer, Karimnagar ll Town Police Station, Karimnagar. The Superintendent, District Jail, Karimnagar. Two CCs to Public Prosecutor, High Court of Telangana, at Hyderabad (OUT) One CC to Sri Nageshwar Rao Pujai, Advocate (OPUC) Two CD Copies 1.

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MBC

HIGH COURT Dr.SA,J DATE: 15-04-2020

ORDER

GRL.P. NO. 995 0F 2020 TS 15 rtt ) .,t DISMISSING THE CRIMINAL PETITION