Ramancha Sadanandam v. The State Of Telangana

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.6660 of 2017 ORDER:

This criminal petition is filed, by the petitioner-accused under Sections 437 and 439 Cr.P.C., seeking bail in Crime No.225 of 2017 on the file of the Station House Officer, Kazipet Police Station, Warangal District, registered for the offences punishable under Sections 354, 327 and 509 IPC and Section 11(i) read with 12 of Protection of Children from Sexual Offences Act, 2012.

2.

The learned counsel for the petitioner submitted that due to civil disputes, the petitioner was falsely implicated in this case by the de facto complainant. He further submitted that the entire investigation is completed, therefore, even if the petitioner is released on bail, there is no chance to tamper the witnesses. Per contra, learned Additional Public Prosecutor representing the State submitted that the petitioner herein made an attempt to outrage the modesty of the victim, who is aged about 12 years. He further submitted that the investigation is in progress, therefore, it is not a fit case to grant bail to the petitioner in view of the nature of the offence committed by him. 3.

The facts leading to filing of the present petition are briefly as follows: One Vallepu Rajitha, who is the mother of the victim is the de facto complainant. As per the prosecution version, on 12.07.2017 at about 8.00 p.m. Saritha(L.W.2)(victim) went to the bath room to attend the calls of nature. In the meantime, the

petitioner entered into the bath room and forced her to remove her clothes. When she refused to do so, the petitioner beat her with a stick. Having no other alternative, the victim girl removed her pant, there after the petitioner made an attempt to outrage her modesty. The matter was reported to police on 13.07.2017. 4.

A perusal of the record reveals that the petitioner was arrested on 14.07.2017 and remanded to judicial custody. The petitioner filed Crl.M.P.No.473 of 2017 on the file of the Special Judge for trial of Cases under Protection of Children from sexual offences Act - cum - I Additional Sessions Judge, Warangal, and the same was dismissed. If the petitioner is released on bail at this stage, the possibility of threatening the witnesses cannot be ruled out completely.

5.

Taking into consideration the nature of the offence alleged to have been committed by the petitioner as well as the stage of investigation, this Court is of the considered view that it is not a fit case to grant bail to the petitioner.

6.

In the result, the Criminal Petition is dismissed. _________________________ T.SUNIL CHOWDARY, J 8th August, 2017 Rns