Medaboina Naresh v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 2259 of 2022 ORDER:

This Criminal Petition filed under Section 437 & 439 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking to enlarge the petitioner/Accused No.1 on bail in connection with Crime No.803 of 2021 on the file of Rachakonda Police Station, Keesara, registered for the offences punishable under Sections 376(2)(n), 493, 417, 504, 109 IPC, 3(2)(v), 3(2)(va) of SCST (POA) Act, 2015. 2.

Heard the learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State and perused the record.

3.

Briefly stated, the case of the prosecution is that on 08.12.2021 a complaint was received from the defacto complainant stating that she got acquainted with the petitioner in the year 2018 and fell in love with each other; that the petitioner allegedly promised to marry her and had sexual intercourse several times in the residence of the defacto complainant; and that later when she asked the petitioner about the marriage, the petitioner, his mother and

brothers abused her in the name of caste, threatened her and necked her out.

4.

On the basis of the said complaint, the present case was registered by the P.S., Keesara.

5.

Learned Public Prosecutor submits that investigation is completed and charge sheet is filed.

6.

According to the petitioner, the petitioner is a local resident and there is no question of fleeing and he will face trial. Further petitioner undertakes to abide any conditions imposed by this Court in the event of granting bail. 7.

Notice was order to be served on the defacto complainant. Though service of notice is effected none appears for the defacto complainant and memo of proof of service of notice is also filed.

8.

In the aforesaid circumstances, I am inclined to grant bail to the petitioner/Accused No.1 on the following conditions.

i. the petitioner/Accused No.1 is directed to be released on bail on his executing personal bond for Rs.25,000/- (Rupees

Twenty Five Thousand only) with two sureties each for likesum, to the satisfaction of XVII Additional Metropolitan Magistrate-cum-II AJCJ at Malkajgiri, Medchal, Malkajgiri District.

ii. The petitioner shall appear before the trail Court on every date of hearing.

iii. The petitioner/accused No.1 shall comply with the conditions as laid down under Section 438 (2) of Cr.P.C. Accordingly, the criminal petition is allowed. Miscellaneous applications, if any pending in this criminal petition, shall stand closed.

________________ K.SURENDER,J Date :04.04.2022 tk

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 2259 of 2021 Dt.04.04.2022 tk