M. Alwal Reddy v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 7224 of 2023 ORDER:

This Criminal Petition is filed under Section 438 of Cr.P.C. by petitioner/Accused seeking anticipatory bail in the event of his arrest in connection with Crime.No.52 of 2023 on the file of Kanchanbagh Police Station, Hyderabad, registered for the offences punishable under Sections 363, 323, 420 and 376 of Indian Penal Code (for short 'IPC').

2.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent-State and perused the record.

3.

The de-facto complainant has filed a written complaint stating that she was in relation with this petitioner and over a period time, he had physical relation and cheated her. On the basis of the said complaint, the crime was registered for the offences under Sections 363, 323, 420 and 376 of IPC. 4.

Learned counsel appearing for the petitioner would submit that earlier in the month of October, 2022 FIR.No. 1315 of 2022 was registered on the basis of the complaint given by the de-facto complainant for of the offence under

Section 420 of IPC. They have entered into a compromise and the same was settled before the Lok Adalat on 29.11.2022 after de-facto complainant receiving an amount of Rs.10,00,000/-.

5.

Learned Additional Public Prosecutor would submit that there was a settlement in the earlier crime.

6.

As seen from the complaint, the allegations in the earlier complaint lodged in October, 2022 registered by Vanasthalipuram Police and the allegations in the present complaint are same. After 29.11.2022 on which day the settlement was arrived, there is an allegation that the petitioner and the de-facto complainant had sexual intercourse in the month of January. Keeping in view that this petitioner is a public servant and having differences with the de-facto complainant which were already settled earlier, this Court deems it appropriate to grant anticipatory bail, subject to the following conditions:

1) The petitioner/Accused is directed to surrender before the Station House Officer, I.S.Sadan Police Station, Hyderabad on 14.08.2023. Upon such surrender, the said Station House Officer shall release the petitioner/Accused on bail, on his

executing personal bond for a sum of Rs.25,000/- (Rupees Twenty five thousand only) with two sureties for a like sum each to his satisfaction.

2) On such release, the petitioner/Accused shall appear before the concerned police from 14.08.2023 till 18.08.2023 at 10.00 a.m. and thereafter, as and when required for the purpose of investigation.

3) The petitioner/Accused shall abide by the other conditions stipulated in Section 438(2) of Cr.P.C and shall co-operate with the Investigating Officer in investigating the case.

7.

Accordingly, the Criminal Petition is allowed.

Miscellaneous applications, if any pending in this criminal petition, shall stand closed.

__________________ K.SURENDER, J Date : 10.08.2023 dv