Mudavath Nehru v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.5568 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 in Crime No.203 of 2022 on the file of Station House Officer, Abdullapurmet Police Station, Rachakonda registered for the offences punishable under Sections 363, 376(2)(n) of Indian Penal Code and Section 5(I) read with Section 6 of POCSO Act, 2012.

2.

Heard learned counsel for the petitioner/Accused and learned Assistant Public Prosecutor for the respondent-State. Perused the record.

3.

The case of the prosecution is that on 22.04.2022 the victim's mother filed a complaint stating that her daughter who was aged 17 years and working in fruit market at Kothagudem as labour was missing. On making enquiries she came to know that this petitioner was also missing. Accordingly, a crime was registered for the offence under Section 363 of IPC. While the police were trying to

trace the victim, they found both the petitioner and the victim girl on 27.04.2022 at Ramanagutta, Khammam.

4.

Learned counsel for the petitioner submits that the victim is a major and petitioner has been falsely implicated stating that she is less than 18 years. However, without going into the age factor of the victim, since the 164 Cr.P.C. statement of the victim was already recorded and the petitioner is in jail since 08.05.2022, the petitioner can be granted bail subject to conditions.

5.

Accordingly, the Criminal Petition is allowed and the petitioner/Accused is granted bail subject to the following conditions: i) The petitioner/Accused shall execute a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum each to the satisfaction of XXIV Addl.Metropolitan Magistrate, Ranga Reddy District at Hayathnagar. ii) The petitioner/Accused 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 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