Amar Shaik v. The State Of Telangana

IN THE HIGH COURT F'OR THE STATE OF TELANGAN.A.

.A.T HYDERABAI) THURSDAY,THE TWENT]ETH DAY OF MAY TWO THOUSAND AND TWENTY ONE :PRESENT:

THE HONOURABLE SRI JUSTICE K.LAKSHMAN CRIMINAL PETITION NO: 3900 OF 2021 Befween:

Amar Shaik, S/o. Taher Petitioner/Accused AND The State of Telangana, Rep by S.H.O, Tandur Town P. S, Vikarabad District, through its Public Prosecutor, High Court of Telangana.

RespondenUComplainant Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to grant anticipatory bail to the petitioner in the event of his arrest in the F.I.R. 02 bf 2021 dated 02/01/2021 on the file of Tandur Town Police Station, Vikarabad District The petition/Appeal coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of SRI MOHAMMAD NASEER PASHA Advocate for the Petitioner, THE PUBLIC PROSECUTOR for the Respondent and the Court made the following.

ORDER

/ / THE HONOURABLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITION No.S9OO OF 2O2L ORDER:

This is an application for anticipatory bai1. The petitioner herein is the sole accused in Cr.No.O2 of 2O2l pending on the iile of Tandur Police Station, Vikarabad District. The offences alleged against the petitioner herein are under Sections 376,417 and 42O of IPC.

2. Heard Sri Mohammad Naseer Pasha, learned counsel for the petitioner, learned Assistant Pubiic Prosecutor and perused the record.

3.

The allegations against the petitioner herein are that he has promised the defacto complainant that he will marry her and on the said promise, he has lured sexually. In the complaint itself, the defacto complainant has specifically mentioned that they are in love with each other since last seven years.

4.

Learned counsel for the petitioner by referring to the order dated 30.09.2019 in H.M.O.P.No.O1 of 2019 on the l-rle of Senior Civil Judge, Vikarabad, filed by the defacto complainant would submit that she is a married woman, she has obtained a decree of divorce, vide order dated 30.09.20 i9 and intentionally she has suppressed the said fact in the complaint.

5.

Learned Assistant Public Prosecutor would submit that the investigating officer has recorded the statements of three a witnesses, sofar and the investigation is pending. I6.

A perusal of the record would also reveai that the defacto complainant has lodged a complirint with the very same police on 17.12.2O2O with the very same allegations and thereafter, she has -.-1-...-..

) withdrawn the said complaint. Thus, prima-facie, it appears, that petitioner herein and the defacto complainant are in living relation and they had consensual sex. There are several factual aspects to be investigated into by the investigating officer during the course of investigation. Considering the said facts, this Court is inclined to grant anticipatory bail to the petitioner herein. 7 .

Accordingly, the Criminal Petition is allowed and the petitioner is granted anticipatory bail subject to the following conditions:

(i) The petitioner/ accused is directed to surrender before the Station House Officer, Tandur Police Station, Vikarabad District, within a period of two (2) weeks from today, and on such surrender, the said Station House Oflicer shall release the petitioner on bail on his executing a personal bond for a sum of Rs. 10,000/- (Rupees ten thousand only) with two sureties to the like sum each to his satisfaction. (ii) The petitioner/ accused shall abide by the other conditions stipulated. in Section 438(21 Cr.P.C. and co-operate with the Investigating Officer in investigating the CASC.

(iii) The petitioner shall appear before the Station House Officer, Tandur Police Station every Sunday between 10.00 AM and 5.O0 PM, till completion of investigation and filing of charge sheet.

Miscellaneous petitions pending, if any, shall stand disposed of.

,--,- {.J ) SD,. N A5s15T . CHAN ANT REGIS DRASEKHARA RAO TRAR /[RUE COPY// SE N OFFICER

HIGHCOURT KLJ DATED:2010512021 a

ORDER

cRLp.No.3900 0f 2021 t, BAIL