Chakali Ashok Kumar v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.5426 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 No.1 in Crime No.784 of 2022 on the file of Station House Officer, Rajendranagar Police Station, Cyberabad registered for the offences punishable under Sections 376, 417 and 420 of Indian Penal Code. 2.

Heard learned counsel for the petitioner/Accused No.1 and learned Assistant Public Prosecutor for the respondent-State. Perused the record.

3.

The case of the prosecution is that the petitioner and the de facto complainant were introduced in a bridal introduction (Pelli choopulu) and thereafter for the reason of getting married they exchanged telephone numbers and also continued to roam around in parks and cinemas. They also indulged in sexual acts. However, the petitioner is declining to marry the de facto complainant and his

other close relatives were also supporting this petitioner and influencing him not to marry the de facto complainant. 4.

Learned counsel for the petitioner submits that in fact there are no specific details of any sexual acts taken place on specific dates and further it is the case that they were getting married and however, due to the subsequent events, marriage could not take place and it will not amount to offences under Sections 376 and 417 of IPC.

5.

Taking into consideration the facts that this petitioner and de facto complainant were acquainted and the de facto complainant went around with the petitioner on her own will believing that the petitioner would marry and for the reason of subsequent events which transpired, this petitioner who is in jail since 17.05.2022 can be granted bail subject to conditions.

6.

Accordingly, the Criminal Petition is allowed and the petitioner/Accused No.1 is granted bail subject to the following conditions:

i) The petitioner/Accused No.1 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 XIII Additional Sessions Jugge at L.B.Nagar.

ii) The petitioner/Accused No.1 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 or until filing of charge sheet whichever is earlier.

iii) The petitioner/Accused No.1 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: 01.07.2022 ns