Balla Rajkumar v. The State Of Telangana

THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.3797 OF 2019 ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C'), is filed by the petitioner - accused for grant of anticipatory bail in the event of his arrest in connection with Crime No.116 of 2019 of Asifabad Police Station, Kumrambheem Asifabad District, registered for the offences punishable under Sections 376, 417 and 420 of the Indian Penal Code, 1860.

2. Heard Sri Gadi Praveen Kumar, learned counsel for the petitioner - accused, and the learned Assistant Public Prosecutor representing the respondent - State. Perused the record.

3. The allegations made in the complaint by de facto complainant are that she along with her mother went to Telangana Grameena Bank at Elkapalli to encash the amount covered by a cheque issued by the Government of Telangana under Rythu Bandhi Scheme; that when her mother went inside the bank, the petitioner, who is an Armed Reserve Constable and was attending the duty at the bank, introduced himself and gave his mobile number to the de facto complainant; that thereafter the petitioner used to make calls to the de facto complainant asking her to come to his room; that out of such acquaintance, the petitioner maintained sexual relationship with the de facto complainant on the pretext that he would marry her; that when

she asked him to marry her, the petitioner stopped meeting her and also talking over mobile; and that later she came to know that the petitioner cheated her.

4. The learned counsel for the petitioner - accused would submit that the petitioner never involved in any of the offences, much less the aforesaid offences and he was falsely implicated in the aforesaid crime by the parents of the de fact complainant with an intention to extract huge amounts from him being a Government employee assuming that he may yield to their demands. It is further submitted that the petitioner is the only bread winner of his family consists of an aged widow mother, newly wed wife and younger brother and innocent and a law abiding citizen having permanent job and abode at Tekumatla village of Jaipur Mandal in Mancherial District and, therefore, question of his absconding does not arise and he also undertakes to cooperate with investigation and hence prays to grant anticipatory bail to the petitioner.

5. Learned Assistant Public Prosecutor opposed for grant of bail to the petitioner.

6. As seen from the contents of FIR, it is clear that there are serious allegations levelled against the petitioner including the allegation that the petitioner called the de facto complainant to his bed room and exploited her sexually with a false promise to marry her. As per the averments made in the petition, the petitioner has already married.

7. In such circumstances and keeping in view the allegations made in the FIR against the petitioner which are grave in nature, this Court is not inclined to grant bail to the petitioner at this stage. Accordingly, the Criminal Petition is dismissed. Miscellaneous Petitions, if any, pending in the petition shall stand closed.

_____________________ JUSTICE G SRI DEVI August 07, 2019 Mgr