Guguloth Jagapathi Babu v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 3281 of 2022 ORDER:

This Criminal Petition under Section 438 Cr.P.C. is filed by petitioner/accused seeking bail in the event of his arrest in connection with Crime No. 623/2021 on the file of Kusaiguda Police Station, Rachakonda District, registered for the offences punishable under Sections 376(2)(n), 417, 420 and 493 of IPC. 2.

The allegation against the petitioner is that he engaged in physical relationship with the defecto complainant over a period of time and thereafter the petitioner refused to marry the defacto complainant. The petitioner has filed statement of the defacto complainant under Section 164 of Cr.P.C. recorded by the Principal Junior Civil Judge-cum-XVII Additional Metropolitan Magistrate, Cyberabad at Malkajgiri, Rangareddy District. 3.

In the said statement the defacto complainant stated as follows;

"One person by name Jagapathi @ Jaggu Naik is related to us. We both physically with consent and with out wish. This took place for about 30 days i.e. from 15th august 2021 onwards. Thereafter, he avoided me. Not receiving my calls. I became angry and lodged a complaint before police. We have compromised the case out of Court."

The circumstances in the case are not disputed by the learned Public Prosecutor.

Accordingly, the Criminal Petition is allowed and the petitioner can be released on bail subject to the following terms and conditions:

1) The petitioner/ accused is directed to surrender before the Station House Officer, Kushaiguda Police Station, Hyderabad, within ten days from the date of this order and on such surrender, the said Station House Officer shall release the petitioner/ accused on bail on his executing a personal bond to the tune of Rs.10,000/- (Rupees ten thousand only) with two sureties to the like sum each to his satisfaction.

2) The petitioner/ accused shall abide by the other conditions stipulated in Section 438(2) Cr.P.C and cooperate with the Investigating Officer in investigating the case.

3) The petitioner/accused shall appear before the concerned police station as and when required.

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

________________ K.SURENDER,J Date :19.04.2022 tk

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 3281 of 2022 Dt.19.04.2022 tk