Mohammed Salman v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.5235 OF 2022 O R D E R:

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.795 of 2022 on the file of Station House Officer, L.B.Nagar Police Station, Rachakonda Commissionerate registered for the offences punishable under Sections 363 and 354 of Indian Penal Code and Section 11 read with Section 12 of POCSO Act, 2012. 2.

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

3.

The case of the prosecution is that the father of the victim girl lodged a complaint stating that on 05.05.2022 when they went to a function along with his wife and son and after returning home he found that the victim girl missing, for which reason he filed a complaint. The said complaint was registered under Section 363 of IPC. During the course of investigation it has come to the knowledge of the police that the victim girl was acquainted with this

petitioner through Share Chat online app and used to call the victim from his mobile. They used to frequently talk on whatsapp calls and also the petitioner expressed his love to the victim girl and forced her to marry him knowing that she is minor. According to the prosecution, she was born on 23.07.2006. On further investigation it was disclosed that the girl was taken to Signal Colony, Mahabubabad Town and the petitioner had hugged her forcibly knowing that she is a minor girl, for which reason, the alleged offence under Section 354 of IPC and Section 11 read with Section 12 of POCSO Act were also added.

4.

Learned counsel for the petitioner submits that the petitioner is in jail since 17.05.2022 and the alleged offences under Section 363 of IPC is punishable upto seven years, Section 354 IPC is punishable upto five years and Section 12 of POCSO Act is punishable upto three years. Therefore, prayed the Court to grant bail to the petitioner.

5.

In the said circumstances, 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 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 Monday between 10.30 AM and 01.00 PM for a period of three (03) months.

iii) The petitioner/Accused shall not in any manner contact either the victim girl or the family members of the victim, failing which the prosecution is at liberty to move for cancellation of bail granted to this petitioner/Accused.

iv) 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: 29.06.2022 ns