Akula Rajesh Kumar v. State Of Telengana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.4956 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 Accused in Crime No.85 of 2022 on the file of Station House Officer, Maredpally Police Station, Hyderabad registered for the offences punishable under Sections 417, 420 and 376(2) of Indian Penal Code. 2.

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

3.

The case of the prosecution is that this petitioner was acquainted with the de facto complainant since the year 2019 and during November-2019 they had sexual intercourse at the house of the petitioner and thereafter there were several such incidents of physical relation. In the month of February-2020 the petitioner introduced his parents and vice versa and all of them agreed to get the petitioner and the de facto complainant married. However, the

petitioner started ignoring the calls of the de facto complainant and thereafter the petitioner and the de facto complainant also celebrated her birthday. Inspite of several calls the petitioner started ignoring the de facto complainant and ultimately in the mother of December-2021 the petitioner refused to marry the de facto complainant. Accordingly, the complaint came to be lodged on 15.05.2022 and the petitioner was sent to judicial custody on 18.05.2022.

4.

As seen from the averments in the complaint, both the petitioner and de facto complainant are consenting adults and even according to the de facto complainant there are several incidents of physical relationship and in fact both the parents of the de facto complainant also the accused agreed for the marriage. In the said circumstances, the petitioner/Accused can be granted bail subject to conditions.

5.

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.25,000/- (Rupees Twenty Five Thousand only) with two

sureties for a like sum each to the satisfaction of X Additional Chief Metropolitan Magistrate, Secunderabad.

ii) The petitioner/Accused shall appear before the concerned Station House Officer on every Monday between 10.30 AM and 01.00 PM for a period of three (03) months.

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: 21.06.2022 ns