Talari Mallesham v. State Of Telangana

HONOURABLE SRI J USTICE SURESH K UMAR K AIT CRIMINAL PETITION No. 15281 of 2016 ORDER:

Vide present Criminal petition, the petitioner seeks a direction to enlarge him on bail in Crime No. 346 of 2016 on the file of Station House Officer, Rural Police Station, Sangareddy, registered for the offences punishable under Sections 417,420 IPC and Section 3(xii) of SC/ST POA Act, 1989. As per the case of prosecution, on 09.09.2016 at 22.00 hours the de facto complainant came to the police station and lodged a complaint stating that in the year 2010 the petitioner herein misbehaved with her, for which, she lodged a complaint before the Sangareddy Rural Police Station and the same was compromised in the same year. After few days, the petitioner trapped her under his fabricated talks on the plea of performing marriage and taken her to various places in his auto with his false proposal of marriage.

Thereafter the petitioner/accused denied his proposal since he got two marriages previously and blessed with two female children besides she belongs to 'Madiga' caste. The petitioner induced and promised her to get another marriage for male child. Believing the words of the petitioner/accused, she agreed to maintain close relationship with him, which led to evolution of his sexual lust with her, due to which, she became pregnant. Noticing her five months' pregnancy, she asked him about performing marriage, but the petitioner denied for marriage.

It is not disputed by learned Counsel for the petitioner that investigation in the instant crime is at advance stage and charge sheet is yet to be filed.

In view of the facts recorded hereinabove, keeping in view serious allegations, I am not inclined to grant bail to the petitioner at this stage. Accordingly the Criminal Petition is liable to be dismissed. However, liberty is given to the petitioner to move the bail petition at appropriate stage.

Criminal Petition is dismissed. Miscellaneous petitions pending consideration if any in the Criminal Petition shall stand closed in consequence.

-------------------------------------------- JUSTICE SURESH KUMAR KAIT DATED 31st October, 2016.

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