Gagana Ramu v. The State Of Telangana

HON'BLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.5364 of 2019 O R D E R :

This Criminal Petition, under Sections 437 and 439 of the Code of Criminal Procedure, 1973 is filed by the petitioner/Accused seeking enlargement on bail in Crime No.269 of 2019 of Alwal Police Station, Cyberabad, Ranga Reddy District, registered for the offences punishable under Sections 376, 506 of IPC r/w. Sections 4 and 5 of POCSO Act, 2012.

The case of the prosecution is that the petitioner/Accused had committed rape of the defacto complainant and threatened her not to disclose the same to anybody.

Heard learned counsel for the petitioner/Accused and the learned Additional Public Prosecutor appearing for the respondent State. Perused the material on record. Learned counsel for the petitioner contends that the petitioner has not committed any offence against the victim girl as alleged in the complaint. It is also contended that there is no occasion for the petitioner to commit the alleged offence. It is contended that earlier bail application of the petitioner was dismissed by this Court vide order dt.16.08.2019 in

GSD, J Crl.P.No.5364 of 2019 Crl.P.No.4824 of 2019 on the ground that there are specific allegations against the petitioner and as investigation is in progress, it is not desirable to grant bail to the petitioner. It is contended that the petitioner is ready to abide by any conditions imposed by this Court for his release on bail in the above crime.

On the other hand, the learned Additional Public Prosecutor vehemently opposed the relief sought in the above petition.

A perusal of the record reveals that there are specific allegations levelled against the petitioner and earlier bail application of the petitioner was already dismissed by this Court on merits vide order dt.16.08.2019 in Crl.P.No.4824 of 2019 and no new ground whatsoever has been urged in this second bail application of the petitioner. In view of specific nature of allegations levelled against the petitioner, I am not inclined to grant bail to the petitioner/Accused. Accordingly, this Criminal Petition is dismissed. As a sequel, miscellaneous petitions pending, if any, shall stand closed.

________________________ JUSTICE G. SRI DEVI 09.09.2019.

Msr

GSD, J Crl.P.No.5364 of 2019 HON'BLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.5364 of 2019 09.09.2019 Msr