Kanukuntla Swamidas v. The State Of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY ,THE TWELFTH DAY OF MAY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SMT JUSTICE G,ANUPAMA CHAKRAVARTHY CRIMINAL PETITION NO: 4361 OF 2022 Between:

Kanukuntla Swamidas, S/o Rajaiah, aged 54 years, Occ. Feet Secretary at Workshop of RG-|, Electrical Section, SCL, Godavarikhani, Rl/o H.No.7-1-341 , G.M colony' Godavarikhani' Telangana ...pETrroNERyAccusED AND The State of Telangana, Rep. by its Public Prosecutor, High Court of Telangana ...RESPONDENTS Petition under Section 438 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant Anticipatory Bail to the petitioner/Accused in the event of his arrest in Crime No. 43 ot 2022, on the file of the P.S Godavarikhantli Town. This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Nambi Krishna, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent.

The Court made the following: ORDER

i THE HONOI'RABLE SMT JUSTICE G.ANUPAMA CHAKRAVARTHY CRIMINAL PETITION NO.4361 of 2022 ORDER:

This Criminal Petition under Section 438 Cr.P.C. is filed by petitioner - Accused seeking bail in the event of his arrest in connection with Crime No.43 of 2022 on the file of Godavarikhani II-Town Police Station, registered for the offences punishable under Sections 354, 354-A, 509 and 506 oflndian Penal Code.

2.

Heard the learned counsel for the petitioner and learned Public Prosecutor for the respondent-State and perused the record.

3.

The brief case of the prosecution is that the defacto complainant who was a Badli worker in workshop of RG-l area since OL-12-2O2L was survived with a daughter and son. The petitioner herein is harassing her, who was also t working in electrical section of the same workshop, and demanded her for sexual favours and tried to outrage her modesty by holding her hand and forced her to talk with

him in free time, for which a case was registered in Crime No.43 of 2022 of Godavarikhani II-Town Police Station. 4.

Learned counsel for the petitioner contended that basing on the complaint given by the victim / defacto complainant the accused was suspended from service prior to the date of complaint and he is innocent. It is also contended that there is no chance of absconding by the petitioner and he will abide the conditions, if anticipatory bail is granted.

5.

Learned Public Prosecutor reported that 8 witnesses are examined in this case and investigation is stil1 in progress and opposed for the bail.

6.

On perusal of the case record it is evident that the charge - cum - suspension order was being passed by the Singareni Collieries Company Limited on 24-02-2022 and an office order was made revoking the cancellation of suspension order and he was transferred to Kothagudem and it is the contention of the petitioner that as on that

-) date he was not present at Singareni Colliries and Godavarikhani.

7 .

Admittedly, all the 8 witnesses are examined in this case and investigation is still in progress' The petitioner herein apprehending his arrest and did not appear before the concerned Police Station. Therefore, the petitioner herein-.. is directed to appea'r before the Police' Godavarikhani II-Town Police Station on 22-05-2022 and the Station House Officer, Godavarikhani II-Town Police Station shall comply with Section 4l-A of Cr'P'C'' and release the petitioner, forthwith' The petitioner shall cooperate with the investigation and shall appear before the concerned Police, if necessary.

8.

With this observations, this Criminal Petition ts disposed of. As a sequel, miscellaneous petitions, if any pending , shall stand closed.

Sd/-L.SIVA PARVATHI ASSISTANT REGISTRAR .a SECTION OFFICER /iTRUE COPY'

To.'-'1. Th" principal Judicial Magistrate of First class at Godavarikhani, Karimnagar District z. iit'sLtio, House officer, Godavarikhani lt Town Police station, Karimnagar District

3. 5;;'cb to sri Nambi Krishna ,Advocate (OPUC) ;. i;; d6"Io pruric prosei'ior.' nigh Court for thb State of Telangana Hvderabad (OUT)

5. Trlvo CD Coiies

6. One SPare CoPY ks \Y t-

VACATIOI.\ COURT HIGH COURT I DATE D : 1 210512022 ,,lJ tr= C-\r I-'() s.

o !9

ORDER

CRLP.No.4361 of 2022 DISPOSING OF THE CRL.P o#*