Mallu Tataji, v. State Of Telangana

HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION NO.6260 OF 2019 ORDER:

This is the third Criminal Petition, under Section 438 of the Code of Criminal Procedure, (Cr.P.C.), filed by the petitioner/accused, seeking anticipatory bail in Crime No.1129 of 2018 of P.S. KPHB, Cyberabad, registered for the offences punishable under Sections 417, 420 and 376 of the Indian Penal Code.

The contents of the complaint of the de facto complainant are that in the month of June, 2016, when she came to Hyderabad in search of employment, she stayed in the house of one Nagesh, who is known to her and later she shifted to Sai Madhuri Ladies Hostel at Addagutta where the petitioner got acquaintance with her through one Chanti and started talking to her through phone and thereafter, proposed her for marriage for which she denied initially but later he lured her and made her to believe him on false promise to marry her and came to Hyderabad from Delhi and used to meet her at her hostel. Thereafter, both of them took a room at EWS 186, Vijaya Lakshmi Nilayam, Road No.

2, KPHB, by making the owners believe that they are husband and wife, where the petitioner, under the pretext of marriage, had sexual intercourse with her and after some period, in the month of October, 2018, she shifted to another room i.e. EWS 180, Road No.2, KPHB, where she realized that she was pregnant, on that the petitioner took her to Land Mark Hospital, got aborted the pregnancy and thereafter, he denied to marry her and absconded.

Heard learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent-State. Perused the material on record.

Earlier, the petitioner filed Crl.P.No.4235 of 2019, which was dismissed as withdrawn on 29.07.2019 and Crl.P.No.5791 of 2019, which was dismissed on 23.09.2019 on merits.

Even though the present Criminal Petition is filed seeking anticipatory bail for the third time, no new ground whatsoever has been raised in the present petition except stating that the mother of the petitioner has been suffering from fever and she has been kept under medical surveillance and that the petitioner is the only person to attend her. But the said fact is not supported by any medical reports. Hence, this Court declines to consider the third application filed by the petitioner seeking anticipatory bail. Having regard to the facts and circumstances of the case, nature and gravity of the offence, this Court is not inclined to grant anticipatory bail to the petitioner.

The Criminal Petition is, accordingly, dismissed. Miscellaneous applications, if any, pending shall stand dismissed.

_________________ (G. SRI DEVI, J) 31st October 2019 RRB