Bhukya Chander v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.7268 of 2023 ORDER:

1.

This Criminal Petition is filed under Section 438 of Cr.P.C. by the petitioner/Accused seeking anticipatory bail in the event of his arrest in connection with Crime.No.245 of 2023 on the file of Narsampet Police Station, Warangal, registered for the offences under Sections 417, 420, 406, 506 and 376 (2) (n) of 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 gave a telugu written complaint dated 20.07.2023 in which she alleged that she knew this petitioner over a period of 10 years and they had physical relation and this petitioner had forced her over a period of 10 years by taking room on rent at different places and had sexual intercourse with her. Further, the allegation is that the petitioner had taken an amount of Rs.12,00,000/- from her stating that he would add another sum of Rs.10,00,000/- and construct a house. 4.

Learned counsel appearing for the petitioner would submit that there are money disputes between the petitioner and the de-facto complainant for which reason, a complaint was filed. It is

highly improbable that over a period of 10 years, the petitioner was forcing her.

5.

On the other hand, learned Additional Public Prosecutor opposed the bail since there is an allegation of rape. 6.

As seen from the complaint, the relation with the petitioner was over a period of 10 years. The de-facto complainant was already married and having a child.

7.

On the basis of a complaint, it appears prima facie, differences arose between the petitioner and the de-facto complaint regarding money for which reason, complaint was filed. In the said circumstances, this Court deems it appropriate to grant relief of anticipatory bail to the petitioner, subject to the following conditions:-

1) The petitioner/Accused is directed to surrender before the Station House Officer, Narsampet Police Station, Warangal on 18.08.2023. 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 everyday at 10:00 a.m. till

31.08.2023 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.

8.

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

__________________ K.SURENDER, J Date : 14.08.2023 dv

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 7268 of 2023 Dt.14.08.2022 dv