Menda Vishal v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION 3444 of 2022 ORDER:

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.70 of 2022 of Nallakunta Police Station, registered for the offence punishable under Sections 366-A, 376 (1) of of Indian Penal Code and Section 5 (I) r/w.6 of Protection of Children from Sexual Offences Act ('POCSO Act' for brevity). 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 prosecution is that the petitioner and the victim girl met on Instagram and exchanged phone numbers and were frequently chatting with each other. On 25.02.2022 the victim girl went along with the petitioner to his house and on the promise to marry the

petitioner indulged in sexual intercourse with the victim girl in the night. Next day morning she came out, roamed around and went back to the house of the petitioner. Entire complaint is silent about any kind of force used by the petitioner and the remand report indicates that sixteen witnesses are examined. For the said reason, the petitioner can be released on bail.

5.

Accordingly, the petitioner is directed to be released on bail on his executing a personal bond for Rs.25,000/- (Rupees twenty five thousand only) with two sureties each for like sum to the satisfaction of the learned Special Judge for trial of POCSO Act cases-cum-XII Additional Metropolitan Sessions Judge, Hyderabad. Upon such release, the petitioner shall appear before the police concerned, on every Monday, for a period of two months.

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

________________ K.SURENDER,J 22.04.2022 trr