Binge Lokesh v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.7011 OF 2023 ORDER:

1.

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/Accused in Crime No.220 of 2023, on the file of Nizamabad I Town Police Station, Nizamabad District, registered for the offence under Section 363 of IPC.

2.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondentState and perused the record. 3.

The case against the petitioner is that he was following the victim girl since one year prior to the complaint. Further, threatened the victim girl to marry him failing which he would commit suicide by writing her name. On 14.06.2023, when the victim girl and her mother went to Metpally in a bus, the petitioner sent a message that if she would meet him at Nizamabad Bus stop, he would stop harassing and stalking her. When

the victim girl met the petitioner, he took her to Tadbiloli where he tried to commit sexual assault. However, the victim escaped. For the reason of acts committed by the petitioner, the offence was registered under Sections 366-A, 354-A, 354-D of IPC and Section 11 r/w.12 of POCSO Act, 2012.

4.

Learned counsel appearing for the petitioner would submit that a false case is filed against the petitioner. In fact, both the petitioner and the victim girl were friends and petitioner had not committed sexual assault. 5.

Learned Additional Public Prosecutor opposed the grant of bail to the petitioner.

6.

The petitioner was arrested and remanded to judicial custody on 14.06.2023. All the offences alleged against the petitioner are punishable for less than 7 years. The petitioner is also aged about 19 years and since majority of the investigation is complete, this Court deems it appropriate to grant relief of bail to the petitioner subject to following conditions:

i) The petitioner/Accused shall execute 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 I Additional Sessions Judge, Nizamabad.

ii) The petitioner/Accused after release shall appear before the concerned Station House Officer every Monday for a period of eight weeks between 10.30 AM and 01.00 PM and thereafter as and when required, for the purpose of investigation.

iii) The petitioner shall not in any manner try to contact the victim girl. In the event of such contact, the prosecution is at liberty to seek cancellation of bail granted.

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

6.

Accordingly, this Criminal Petition is allowed. Miscellaneous applications, pending if any, shall stand closed.

_________________ K.SURENDER, J Date: 04.08.2023 dv