Ropolu Venkatesh v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.4504 OF 2022 ORDER:

This Criminal Petition is filed under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking regular bail to the petitioner who is arrayed as sole Accused in Crime No.695 of 2022 on the file of L.B.Nagar Police Station, Rachakonda Commissionerate registered for the offences punishable under Sections 376(2)(n), 343, 366 and 506 of Indian Penal Code and Section 5(1) read with Section 6(1)&(2) of POCSO Act, 2012 (Amended by Act, 2019).

2.

Heard learned counsel for the petitioner/Accused and the learned Assistant Public Prosecutor for the respondent-State. Perused the record.

3.

The allegation against the present petitioner is that he had acquaintance with the victim girl and committed rape on her. A complaint was filed on 19.04.2022 which was registered under Section 363 of Indian Penal Code. However, pursuant to the apprehension of the victim girl and the accused, the section of law

was altered to under Sections 376(2)(n), 343, 366 and 506 of Indian Penal Code and Section 5(1) read with Section 6(1)&(2) of POCSO Act, 2012.

4.

During the course of argument, learned counsel for the petitioner produced the victim girl who informed the Court that there were no such acts alleged by the prosecution. 5.

Learned Assistant Public Prosecutor has produced the statement of the victim girl recorded under Section 164 Cr.P.C. during which statement, the victim girl informed that she was in love with the petitioner and marriage was to be performed. 6.

In the said circumstances, this Court is inclined to grant bail to the petitioner/Accused.

7.

Accordingly, the Criminal Petition is allowed and the petitioner/Accused is granted bail subject to the following conditions: i) The petitioner/Accused shall execute a personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties for a like sum each to the satisfaction of II Additional

Metropolitan Magistrate, Cyberabad, Ranga Reddy District at L.B.Nagar.

ii) The petitioner/Accused shall appear before the concerned Station House Officer on every 1st and 3rd Saturdays between 10.30 AM and 01.00 PM for a period of three (03) months or until filing of charge sheet, whichever is earlier.

iii) The petitioner/Accused shall abide by the other conditions stipulated in Section 437(3) of Cr.P.C.

Miscellaneous applications, pending if any, shall stand closed. _____________ K.SURENDER, J Date: 14.06.2022 ns