Md.Khaja Pasha , Kaju v. The State Of Telangana

THE HON'BLE SRI JUSTI CE C. PRAVEEN KUMAR CRI MI NAL PETI TI ON No.12545_OF 2016 ORDER:

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

2.

The present Criminal Petition came to be filed by the petitioner/Accused under Sections 437 and 439 Cr.P.C., seeking enlargement on bail in connection with Crime No.240 of 2016 of Vikarabad Police Station, Ranga Reddy District, registered for the offences punishable under Section 354 IPC and Section 3(1)(r)(w) of the SC/ST (POA) Act.

3.

The case of the prosecution is as under:

The informant by name Amgoth Lalitha (victim) has three children and her husband died five years prior to the incident. Since few days prior to the incident, the accused used to follow her, visit her house and misbehave with her. While things stood thus, on 01.08.2016 at 6:00 A.M., the accused is alleged to have gone to her house and caught hold of her hand by using criminal force with an intention to outrage her modesty. When she raised alarm, her neighbours rushed to the spot and on seeing them, the accused escaped. Basing on these allegations the present crime came to be registered.

4.

Learned counsel for the petitioner submits that the allegations in the report are all false; that all the material witnesses were

CPK,J CrlP_12545_2016 examined and the informant is ready to withdraw the report by threatening her with his criminal background. 5.

Learned Public Prosecutor opposed the same contending that the petitioner is involved in another case vide Crime No.346 of 2016 of Vikarabad Police Station registered for the offence punishable under Section 302 IPC and he might have forced the victim to withdraw the complaint.

6.

That being so, the possibility of forcing the victim to withdraw the report lodged by her cannot be ruled out at this stage. Since the investigation is still at threshold, the request of the petitioner cannot be considered at this stage.

7.

Accordingly, the Criminal Petition is dismissed giving liberty to the petitioner to renew his request later.

_______________________ JUSTI CE C. PRAVEEN KUMAR Date:30.08.2016 INL