Bohini Yashwant v. State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 3083 of 2022 O R D E R:

This Criminal Petition is filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking to enlarge the petitioner, who is arrayed as sole accused, on bail in connection with Crime No.123 of 2022 of Kukatpalli Police Station registered for the offences punishable under Section 366, 376 (n) of Indian Penal Code, Criminal Law Amendment Act, 2018.

2.

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

3.

The case of the prosecution is that the de facto complainant, who is the father of the victim-girl, filed complaint of his missing daughter, stating that when the marriage alliance were taken up, a prospective bride groom was to visit their house, the daughter of the de facto complainant was found missing. The de facto complainant filed criminal complaint suspecting the petitioner. The police

searched and traced the victim girl and also recorded her statement. According to the statement of the victim-girl, she is aged 17 and she was in love with the petitioner herein and they have gone to different places including Yadagirigutta, Dundigal. The petitioner took the victim girl to Durgabhavani temple and married her on 14.02.2022. On 15.04.2022 both went to Oyo Hotel and in the room the petitioner had sexual intercourse with the victim girl without her consent.

4. The learned Counsel for the petitioner argued that the petitioner is now aged 19 years and as seen from the events that transpired the victim had gone with her consent and only at the instance of her parents false allegations were made against the petitioner. The petitioner is in jail since 19.02.2022 and major part of investigation is completed. Further the petitioner being student, he can be released on bail.

5.

In the said circumstances, the petitioner/Accused 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 like sum to the satisfaction of learned

Principal Junior Civil Judge-cum-VIII Additional Metropolitan Magistrate, Cyberabad at Kukatpally. The petitioner shall appear before the police concerned, on every Saturday, for a period of three months.

Accordingly, the Criminal Petition is allowed. As a sequel thereto, miscellaneous applications, if any pending, shall stand closed.

________________ K.SURENDER,J 11.04.2022 trr