Aitham Prashanth v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.3658 of 2022 ORDER:

1.

The learned Counsel appearing for the petitioners seeks permission to withdraw the petition as far as the 1st petitioner/Accused No.1 is concerned.

2.

Accordingly, permission is accorded.

3.

This Criminal Petition under Section 438 Criminal Procedure Code is filed by petitioners, 2 to 4, who are arrayed as Accused No.2 to 4, seeking bail in the event of their arrest in connection with Crime No.114 of 2022 on the file of Vemulawada Town Police Station registered for the offence punishable under Sections 376 and 506 of Indian Penal Code.

4.

Heard the learned counsel for the petitioners and learned Assistant Public Prosecutor for the respondentState and perused the record.

5. The case of the prosecution is that, Accused No.1 indulged in sexual intercourse with the de facto complainant and the de facto complainant was also convinced that her marriage will be performed with accused No.1, however, accused No.1 refused to marry her stating that his parents are not inclined to get her married. The allegation of rape is against Accused No.1, who is a police constable.

6.

The learned Counsel for the petitioners submits that to compel the family of these petitioners, to marry the de facto complainant, the present complaint is made with false allegations. However, keeping in view that Accused No.2 to 4 are not complicit in the relationship between the accused No.1 and the de facto complainant, relief of anticipatory bail can be extended to the accused No.2 to 4.

4.

This Criminal Petition is, accordingly, is allowed and the petitioners 2 to 4/accused No.2 to 4 are granted anticipatory bail subject to the following conditions:

(1) The petitioners 2 to 4/Accused No.2 to 4 are directed to surrender before the Station House Officer, Vemulakonda Town Police Station within ten days from the date of this order, and, on such surrender, the petitioners are directed to be released on bail on their each 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 petitioners shall abide by the other conditions stipulated in Section 438(2) Cr.P.C and co-operate with the Investigating Officer in investigating the case as and when required.

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

________________ K.SURENDER,J 28.04.2022 trr

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.3658 of 2022 DATE: 28.04.2022 trr