Patibandla Jaya Raju, v. The State Of A.P.,

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY, THE TENTH DAY OF NOVEMBER, TWO THOUSAND AND SEVENTEEN :PRESENT:

THE HON'BLE DR. JUSTICE SHAMEEM AKTHER CRL.P .No. 8440 of 2017 Between:

Patibandla Jaya Raju, S/o. Prasad, aged about 32 years, R/o. Door No. 14-68-40, 9th Lane, Chandrababu Naidu Colony, Tenali Town, Guntur District.

..... Petitioner/ Accused AND The State of Andhra Pradesh, Through SHO, Tenali III-Town P.S., Rep. by the Public Prosecutor, High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh.

.....Respondent/ Complainant Petition under Sections 437 & 439 of Cr.P.C. praying that in the circumstances stated in the petition filed herein, the High Court may be pleased to release the petitioner on bail pending enquiry and trial of the case in FIR No.126 of 2017 of Tenali III-Town Police Station, Guntur District. The petition coming on for hearing, upon perusing the Petition filed in support thereof and upon hearing the arguments of Sri K.V.R. Krishna Sharma, Advocate for the petitioner/accused and of the learned Additional Public Prosecutor (AP) for the respondent-State, the Court made the following ORDER:

"Heard learned counsel for the petitioner/accused and learned Additional Public Prosecutor for the respondent State, and perused the record. This petition is filed under Section 439 Cr.P.C. for grant of bail to the petitioner/accused in Crime No.126 of 2017 of Tenali III Town Police Station, Guntur District, for the offences punishable under Section 376(2)(i) IPC and Section 4 of POCSO Act.

The victim is 16 years of age in this case. It is brought to the notice of this Court that charge sheet is filed and the case is committed to the Court of Session and S.C. number is also given. Having regard to the facts and circumstances of the case, the petitioner is required to enter into his defence. Under these circumstances, the petitioner/accused can be enlarged on bail. In the result, the petitioner/accused is ordered to be released on bail on his executing a personal bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum each to the satisfaction of the learned I-Additional Judicial First Class Magistrate, Tenali, Guntur. On such release, the petitioner/accused shall not enter into his Village for a period of six months.

- 2 - Accordingly, the Criminal Petition is allowed." ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To The Special Judge constituted under Protection of Children from Sexual Offences Act-cum-I Additional Sessions Judge, Guntur. The I-Additional Judicial First Class Magistrate, Tenali, Guntur. The Superintendent, District Jail, Guntur.

The Station House Officer, Tenali III-Town Police Station, Guntur District. One CC to Sri K.V.R. Krishna Sharma, Advocate (OPUC) Two CCs to Public Prosecutor (AP), High Court of Judicature at Hyderabad. (OUT) One spare copy.

- 3 - HIGH COURT DR.SA,J DATE: 10-11-2017

ORDER

CRL.P. NO. 8440 OF 2017 DIRECTION

- 4 - HIGH COURT Nnr Date of Drafting: 14-11-2017 DR.SA,J DATE: 10-11-2017

ORDER

CRL.P. NO. 8440 OF 2017 DIRECTION