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High Court for State of TelanganaCRLP/4092/2022allowed no costs

Gulvish Siddique v. The State Of Telangana

2022-06-08K.Surender3 pages

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 4092 of 2022 ORDER:

This Criminal Petition is filed under Section 438 Cr.P.C. by petitioners/A2 & A3 seeking bail in the event of their arrest in connection with Crime No.169/2022 on the file of Musheerabad Police Station, Hyderabad, registered for the offences punishable under Sections 417, 420, 376(2)(n), 506 of IPC, 3(2)V, 3(2) Va of the Scheduled Castes and Scheduled Tribes (POA) Amendment Act, 2015. 2.

The case of the prosecution is that the impleaded second respondent/defacto complainant filed complaint stating that Accused No.1 defrauded the defacto complainant and promised to marry her, thereafter, it is alleged that Accused No.1 gave some drink which rendered the defacto complainant unconscious and thereafter Accused No.1 had physical relation with defacto complainant. Subsequently, she was tested positive for pregnancy and when confronted to Accused No.1 to marry, it is alleged that these petitioners/A2 and A3 have threatened the defacto complainant of dire consequences and not to insist upon marriage with Accused No.1. Accused No.1 is arrested and is in prison. The allegation leveled against these petitioners/A2 & A3 do not attract the offence under Sections 417, 420, 376(2)(n). However, the allegation of threatening would amount to offence under Section 506 of Indian Penal Code.

3.

For the aforesaid reasons, the petitioners who are Accused Nos.2 and 3 can be granted the relief of Anticipatory Bail on the following conditions.

1) The petitioners/ A2 & A3 are directed to surrender before the Station House Officer, Musheerabad Police Station, Hyderabad, within a period of 10 days from the date of this order. On such surrender, the said Station House Officer shall release the petitioners/ A2 & A3 on bail, on each of them executing a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties in a like sum each to his satisfaction.

2) On such release, the petitioners/ A2 & A3 shall report before the said Station House Officer on every first and third Saturdays between 09.00 a.m. and 11.00 a.m., for a period of three months or till filing of the charge sheet, whichever is earlier.

3) The petitioners/ A2 & A3 shall abide by the other conditions stipulated in Section 438(2) of Cr.P.C and shall co-operate with the Investigating Officer in investigating the case. Accordingly, the criminal petition is allowed. Miscellaneous applications, if any pending in this criminal petition, shall stand closed.

________________ K.SURENDER,J Date :08.06.2022 tk

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 4092 of 2022 Dt.08.06.2022 tk