Gulfam Khan v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.5608 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.819 of 2022 on the file of Station House Officer, L.B.Nagar Police Station, Rachakonda Commissionerate registered for the offence punishable under Section 354-D of Indian Penal Code and Section 11 read with Section 12 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 the father of the victim girl filed a complaint with L.B.Nagar Police stating that his second daughter who is aged 17 years, studying intermediate 2nd year in Shivani College at Kothapet was being followed by the petitioner herein who is Muslim by caste and for the said reason the present complaint was lodged to take necessary action.

4.

Learned Assistant Public Prosecutor submits that the investigation is already completed and charge sheet is filed for the offence under Section 354-D of IPC and Section 12 of POCSO Act. 5.

In the said circumstances, in view of the completion of investigation in the present case and filing of charge sheet; since the offence under Section 12 of POCSO Act is punishable upto three years and the petitioner is in jail since 10.05.2022, he can granted bail subject to conditions.

6.

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.25,000/- (Rupees Twenty Five Thousand only) with two sureties for a like sum each to the satisfaction of the Special Sessions Judge for trial and disposal of cases under POCSO Act, Ranga Reddy District.

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 two (02) months.

iii) The petitioner/Accused shall not in any manner contact either the victim girl or the family members of the victim, failing which the prosecution is at liberty to move for cancellation of bail granted to this petitioner/Accused.

iv) 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