Dibas Deka v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.7441 OF 2023 ORDER:

1.

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/Accused in Crime.No.377 of 2023, on the file of Jubilee Hills Police Station, Hyderabad, registered for the offences under Sections 376 and 420 of IPC.

2.

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

3.

On 20.06.2023, the de-facto complainant filed English written complaint stating that she met this petitioner on social platform namely 'Instagram' in October, 2022. Thereafter, they became friends and they went to several outings such as dinner and lunch. The petitioner introduced his cousins to the victim girl. On 01.01.2023, the petitioner purchased a ring and proposed to marry the victim. Thereafter, they had physical relation over a period.

Though the victim pleaded to marry her before engaging in a relation, the petitioner did not heed to the request. There were explicit videos and photographs in his phone. The petitioner threatened to post those videos online. 4.

Learned senior counsel appearing for the petitioner would submit that the relation between the de-facto complainant and the petitioner was consensual. Even according to the complaint, they were living together over a period of time. When the marriage did not took place, a false complaint was filed.

5.

On the other hand, learned Additional Public prosecutor would submit that the petitioner is a resident of Assam. In the event of grant of bail, stringent conditions be imposed.

6.

During the course of investigation, it was found that the victim girl who is a major conceded to being friendly with the petitioner and had physical relation over a period of time. Without going into the facts whether there is any force or not over a period of time, this Court deems it

appropriate to grant relief of regular bail to the petitioner subject to following conditions:

i) The petitioner/Accused shall execute personal bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two sureties for a like sum each to the satisfaction of XVII Metropolitan Magistrate, Hyderabad.

ii) The petitioner/Accused after release shall appear before the concerned Police on every Monday and Wednesday for a period of eight weeks at 7:00 p.m. or until the charge sheet is filed, whichever is earlier.

iii) The petitioner/Accused shall abide by the other conditions stipulated in Section 437(3) of Cr.P.C. 7.

Accordingly, this Criminal Petition is allowed.

Miscellaneous applications, pending if any, shall stand closed.

_________________ K.SURENDER, J Date: 16.08.2023 dv

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 7441 OF 2023 Dt.16.08.2023 dv