Peruka Mahender v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 2653 OF 2022 O R D E R:

This Criminal Petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking pre-arrest bail to the petitioner/Accused No.1 in the event of his arrest in connection with Crime No.507 of 2021 on the file of Station House Officer, Godavarikhani-I Town Police Station, Peddapalli District registered for the offences punishable under Sections 417, 420, 493, 290 and 323 of Indian Penal Code, 1860 (I.P.C.) 2.

Heard the learned counsel for the petitioner, learned Assistant Public Prosecutor and perused the record.

3.

Petitioner is arrayed as Accused No.1 in the aforementioned Crime. The allegations against the petitioner are that the petitioner/Accused No.1 and the de facto complainant are acquainted with each other since 2010 and initially talked to one another on phone and fell in love. Further both belong to the same caste. The petitioner/Accused No.1 had physical relation over the period on the premise that he would marry her, however, the

petitioner/Accused No.1 finally refused to marry her saying that his parents are not agreeing and asked the defacto complainant to marry some other person.

4.

In the said circumstances, on the basis of the complaint made by the de facto complainant the present crime came to be registered. Admittedly, both the defacto complainant and the petitioner are majors, when they started having relation since the year 2010. In the facts and circumstances of the case, custodial interrogation will not be required.

5.

Accordingly, the Criminal Petition is allowed subject to the following conditions:

i) The petitioner/Accused No.1 is directed to surrender before the Station House Officer, Godavarikhani-I Town Police Station, Peddapalli District on 04.04.2022, and on such surrender, the said Station House Officer shall release the petitioner/Accused No.1 on bail on his executing a personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand Only) with two sureties to the like sum each to his satisfaction.

ii) The petitioner/Accused No.1 shall abide by other conditions stipulated in Section 438(2) Cr.P.C. and the petitioner/Accused No.1 shall appear before the Station House Officer concerned on every 1st and 3rd Sunday between 08.00 AM and 11.00 AM for a period of three (03) months or till filing of the charge sheet, whichever is earlier.

6.

As a sequel thereto, miscellaneous applications, if any pending, shall stand closed.

______________ K.SURENDER,J Date :30.03.2022 ns