Balmiki Jyothi v. The State Of Telangana

lr [ 3158 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

THURSDAY, THE TWENTY NINTH DAY OF JULY TWO THOUSAND AND TWENTY ONE :PRESENT:

THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION NO: 5204 OF 2021 Between:

1. Balmiki Jyothi, Wo Praveen

2. Balmiki Kokila@Koki, Wo Anil Petitioners/Accused Nos. 8 & 1 0 AND The State of Telangana, Rep. by its P. P, High Court Of Telangana,Hyderabad., Rep. by its SHO, Vemulawada Town Police Station . RespondenUComplainant Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the Criminal Petition, the High Court may be pleased to enlarge the Petitioners/Accused No, 8 and 10 on Anticipatory Bail in the event of their arrest in Crime No.216 of 2020 on the file of S. H. O., Vemulawada Town Police Station, for offence punishable under sections 366, 366A, 342,376(2),376(2) (iXn),r/w 109 of l.PC and sec 6 and '17 of POSCO act.

The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri V NITESH, Advocate for the Petitioners, Asst. PUBLIC PROSECUTOR for the Respondent, the Court made the following.

ORDER:

THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETIT]ON NO.5204 OF 2021 ORDER:

This Criminal Petition, under Section 438 ol the Code of Criminal Procedure, 1973, is filed by the petitioners/A-8 and A-10 seeking to grant anticipatory bail in the event of therr arrest in connection with Crime No.216 of 2O2O of P.S. Vemulawada Town, Rajanna Sircilla District, registered for the offences punishable under Sections 366-A, 342 and 376(2)(i)(n) read with Section 109 of the Indian Penal Code and Sections 6 and 17 of the POCSO Act. Heard the learned counsel appearing for the petitioners/A-8 and A-i0, learned Assistant Public Prosecutor appearing for the respondent-State and perused the record. Learned counsel for the petitioners/A-8 and A-10 would submit that the petitioners are innocents of the offences alleged against them and have been falsely implicated.

The petitioners are having fixed abode and there is no question of absconding. It is lurther submitted that the petitioners/A-S and A-10 are willing to furnish suitable security and abide by any condition which this Court may deem fit to impose in the event of granting anticipatory bail. Hence, it is prayed that the petitioners/A-8 and A- l0 be granted anticipatory bail.

Learned Assistant Public Prosecutor opposed to grant anticipatory bail to the petitioners/A-8 and A-10. As per the material available on record, except supporting !

the marriage of the victim girl u,ith A- 1 , there are no specific I ) ) allegations against the petitioners. Thus, looking into the nature of allegations and the other lacts and circumstances, without

adverting into the merits of the same, I am inclined to release the petitioners on anticipatory bail.

The Criminal Petition is allowed and the petitioners/A-8 and A-10 are granted anticipatory bail subject to the following terms and conditions:

(1) The petitioners/A-8 and A-1O are directed to surrender before the Station House Officer, P.S. Vemulawada Town, Rajanna Sircilla District, within a period of four weeks from the date of this order and on such surrender, the said Station House Officer shall release the petitioners/A-8 and A- 10 on bail on their executing personal bond for a sum of Rs. 1 5,000/ - (Rupees fifteen thousand only) each with two sureties for a like sum each to his satisfaction.

(2) The petitioners/A-8 and A- 1O shall not interfere with the investigation, intimidate or induce the material witnesses and shall cooperate with the investigating agency.

(3) The petitioners/A-8 and A-10 shall abide by the other conditions stipulated in Section a38(2) Cr.P.C and cooperate with the Investigating Officer in investigating the case.

Miscellaneous applications, if any, pending shall stand closed.

aD.

q/ SD/. I(,SHYLESHI ,,SsIsTANT REGISTRI\R //TRUE COPY// SECTION OFFICER

To,

1. The lAddl. Sessions Judge, Karimnagar.

2. The Judicial First Class Magistrate at Vemulawada.

3. The Station House officer, Vemulawada Town Police Station.

4. One CC to SRI V NITESH Advocate [OPUC]

5. Two CCs to PUBLIC PROSECUTOR,. High Court at Hyderabad. (OUT)

6. One spare copy mvJ

HIGH COURT GSD,J DATED:2910712021

ORDER

Jrii u CRLP.No.5204 of 2021 ESPATC * BAIL