Burugu Kalyan Kumar v. The State Of Telangana

THE HONOURABLE SRI JUSTICE M. LAXMAN CRIMINAL PETITION No.6274 OF 2023 ORDER:

1.

This petition is filed under Section 438 of Criminal Procedure Code, 1973 (Cr.P.C) seeking anticipatory bail to the petitioner, who is arrayed as accused in Crime No.59 of 2023 of Annapureddypally Police Station, Bhadradri Kothagudem District. The offences alleged against the petitioner are under Sections 417, 420 and 376 of Indian Penal Code.

2.

Briefly, the case of the prosecution is that the petitioner and victim allegedly developed closeness on account of love and promise to marry as proclaimed by the petitioner, that closeness leads to live in relationship for eight (08) years in Khammam, Sattupally and Hyderabad. Recently, the petitioner got job in Police Department. Thereafter, the petitioner ignored the victim and not agreeing to marry her and trying to marry another lady. Then, the victim went to the petitioner and asked for marriage. The petitioner projected that his mother is not agreeing for their marriage and later, he stated that he is

not interested to marry her and he would get lakhs of rupees as dowry if he marry another lady.

3.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for respondent - State. 4.

On a glance of entire complaint, there is no allegation that live in relationship was on account of promise to marry the victim. The promise of marriage was only resulted closeness and that closeness is the consequence for live in relationship. The Prima-facie grievance of the victim is that the petitioner after getting job, not inclined to marry the victim. In view of the said allegations, it is a fit case to grant anticipatory bail to the petitioner-accused. 5.

Accordingly, the Criminal Petition is allowed on the following terms and conditions:

(i) The petitioner-accused is enlarged on bail in the event of his arrest in connection with Crime No.59 of 2023 on the file of the Station House Officer, Annapureddypally Police Station, Bhadradri Kothagudem District, on his executing a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties to the like

sum each to the satisfaction of concerned Station House Officer.

(ii) The petitioner-accused shall appear before the Station House Officer, Annapureddypally Police Station, Bhadradri Kothagudem District on every Sunday between 10.00 am and 05.00 pm, for a period of three (03) months.

(iii) The petitioner-accused 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.

______________________ JUSTICE M. LAXMAN Date: 18.07.2023 Pld

THE HONOURABLE SRI JUSTICE M. LAXMAN CRIMINAL PETITION No.6274 of 2023 Date: 18.07.2023 Pld