Peddaragalla Arun Kumar,Chintu v. State Of Telangana

[ 31s81

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

FRIDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENry ONE :PRESENT:

THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION NO: 2524 OF 2021 Between:

Peddaragalla Arun Kumar@Chintu, S/o Peddaragalla Rathnaiah. Petitioner/Accused No.3 AND State of Telangana, rep., by it's Public Prosecutor, High Court Judicature at Hyderabad for the State of Telangana RespondenUComplainant Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the Criminal Petition, the High Court may be pleased to grant Anticipatory bail to the petitioner/Accused No.3 in Cr No.167/2020 of Chengomul P.S., Ranga Reddy District. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri PUSHADAPU SUBBA RAO, Advocate for the Petitioner, Asst. PUBLIC PROSECUTOR, for the Respondent, the Court made the following.

ORDER:

THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.2524 ot 202'l 98DEB:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioner/A3 seeking to grant anticipatory bail in the event of his arrest in Cr. No.1 67 of 2020 on the file of Chengomul Police Station, Vikarabad District, registered for the offences punishable under Sections 36-b-A,341, 376-A, read with Section 109 IPC and under Section 5(1) read with 6,17 of POSCO 4ct,2012. 2.

Heard learned counsel for the petitioner/A3, learned Assistant Public Prosecutor appearing for the respondent-State and perused the reco rd.

3.

lt is alleged in the complaint that on 27 .12.2020 at 1 .00 hours, the de-facto complainant has lodged a report stating that 41 took her daughter, aged about 17 years, to various places and also to his friend's room, wherein A2 and A3 helped Al in providing other necessities and A1 has committed sexual assault on the victim girl repeatedly and thereafter, he took her to the house of his uncle and informed his parents , then they handed over the victim girl to the police.

4.

Learned counsel for the petitioner/A3 would submit that the ingredients of the alleged offences are not attracted against the petitiongr as he never committed the alleged offences. He would further submit that there are no overt acts attributed againgt the petitioner, except the allegation that he has shown a room of his friend-A2 for the shelter of 41 and the victim girl. He would further submit that the entire investigation is completed, except filing of the charge sheet. He also submits that the petitioner is a Student of lntermediate 2"d year and he is ready to furnish I sufficient sureties to the satisfaction of this Court and he is ready to abide * !

I by any condition that may be imposed by this Courl in the event of his I enlargement on anticipatory bail.

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5.

Learned Assistant Public Prosecutor vehemently opposed to grant anticipatory bail to the petitioner.

6.

The only allegation against the present petitioner is that he has given shelter to the de-facto complainant and 41 for two days only. Thus, looking into the nature of allegations leveled against the petitioner and other facts and circumstances, without adverting to the merits of the matter, I am inclined to grant anticipatory bail to the petitioner/A3. 7.

The Criminal Petition is accordingly allowed and the petitioner/ A3 is granted anticipatory bail subject to the following terms and conditions: (i) The petitioner/A3 is directed to surrender before the Station House Officer, Chengomul Police Station, Vikarabad District, within a period of 15 days from the date of this order and on such surrender, the said Station House Officer shall release the petitioner/A3 on bail on his executing a personal bond to the tune of Rs.25,000/- (Rupees twenty five thousand only) with two sureties for the like sum each to his satisfaction.

(ii) The petitioner/A3 shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the lnvestigating Authority.

(iii) The petitioner/A3 shall not act in any manner which will be prejudicial to fair and expeditious investigation. (iv) The petitioner/A3 shall abide by the other conditions stipulated in Section 438(2) Cr.P.C.

8.

Miscellaneous applications, if any pending in this criminal petition, shall stand closed.

/\ SD/. K.AMMAJI ASSISTANT REGIStr&AR I G-, //TRUE COPY// SEGTION OFFICER

i To,

1. The Mekopolitan Sessions Judge, Cyberabad, Ranga Reddy District at L.B. Nagar.

2. The Judicial First Class Magistrate at Pargi of Vikarabad District.

3. The Station House Officer, Chengomul Police Station, Ranga Reddy District.

4. One CC to SRI PUSHADAPU SUBBA RAO Advocate IOPUC]

5. Two CCs to PUBLIC PROSECUTOR, High Courl at Hyderabad. (OUT)

6. One spare copy mvJ

HIGH COURT GSDJ DAf ED:2310412021

ORDER

ir-txr\ 1y \ I)rl CRLP.No.2524 ot 2021 BAIL