Kothuri Sathish v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.7308 of 2023 ORDER:

1.

This Criminal Petition is filed under Section 438 of Cr.P.C. by the petitioners/Accused Nos.1 to 3 seeking anticipatory bail in the event of their arrest in connection with Crime.No.355 of 2022 on the file of Adilabad-I Town Police Station, Adilabad District, registered for the offences under Sections 417, 420, 506 and 376

(2) (n) of IPC.

2.

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

3.

The de-facto complainant lodged a complaint on 21.12.2022 stating that she was a divorced woman and the petitioner got acquainted with her and had relation with her. The petitioner cheated her of Rs.4,00,000/- stating that he would marry her and the money was required to meet his essential necessities. She became pregnant and when she asked to marry her, he refused. Further, the amount which was taken was also not returned. 4.

Learned counsel for the petitioners would submit that the 1st petitioner and the 2nd respondent are already married and

living as husband and wife. Their misunderstandings were resolved.

5.

Learned Additional Public Prosecutor sought time to verify the correctness of the claim of marriage,. He submits that the Police enquiry reveals that the 1st petitioner and the 2nd respondent were already married.

6.

On the present facts and circumstances of the case, this Court deems it appropriate to grant the relief of anticipatory bail to the petitioners subject to the following conditions:

1) The petitioners/Accused No.1 to 3 are directed to surrender before the Station House Officer, Adilabad-I Town Police Station, Adilabad District on 21.08.2023. Upon such surrender, the said Station House Officer shall release the petitioners/Accused Nos.1 to 3 on bail, on their executing personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum each to his satisfaction.

2) On such release, the petitioners/Accused Nos.1 to 3 shall appear before the concerned Police as and when required for the purpose of investigation.

3) The petitioners/Accused Nos.1 to 3 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 : 16.08.2023 dv

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 7308 of 2023 Dt.16.08.2022 dv