Saluddin Safan v. The State Of Telangana

HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION No.1248 of 2022 ORDER:

This petition is filed under Section 438 of the Code of Criminal Procedure, 1973, seeking bail to the petitioner/A2 in the event of his arrest in connection with Crime No.467 of 2021 of Korutla Police Station, Jagtial District, registered for the offences punishable under Sections 366, 376-II (i) IPC and under Section 5(l) read with 6 of POCSO Act, 2012 read with Section 109 IPC. 2.

The case of prosecution is that on 24.12.2021 at 0400 hours, the de-facto complainant has lodged a report stating that his daughter, Vadlakonda Mokshitha, aged 17 years, left from home without any information and her whereabouts are not known and he has suspected that A1 might have took her daughter. Later, basing on the statement of the victim girl that A1 has induced her under the pretext of love and marriage took her to one room on rent basis and stayed her till 11.01.2022 and sexually exploited her, the Section of law is altered for the aforesaid offences.

3.

Learned Counsel for the petitioner Mr.C. Hari Preeth, submits that the petitioner is arrayed as A2 and that all the allegations are against A1 and A3 and the only allegation against him is that the petitioner being the driver of the vehicle has helped A1 and A3 in kidnapping the minor girl, except that there are no allegations against him. He submits that already A1 and A3 were arrested and as the petitioner is unconnected with the alleged offences and as there are no specific overt acts against him, his case may be considered for grant of pre-arrest bail.

4.

On the other hand, learned Assistant Public Prosecutor submits that the investigation is pending and so far, 4 witnesses were examined. He submits

that A1 and A3 were already arrested and as per their remand report, A2 is absconding.

5.

Taking into consideration the allegations in the remand report of A1 and A3, the only allegation against the petitioner/A2 is that the victim girl was taken in a car driven by him and except that, there are no other allegations against the petitioner. Hence, this Court deems it appropriate to grant pre-arrest bail to the petitioner/A2.

6.

The Criminal Petition is allowed. Petitioner - Accused No.2 shall surrender before the Station House Officer, Korutla Police Station, Jagtial District, in connection with Crime No.467 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, he shall be released on bail. It is made clear that no further extension of time will be granted. _______________________ LALITHA KANNEGANTI, J 17th February, 2022 sj

HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION No.1179 of 2022 Date:15-02-2022 sj