Roshan Badal v. State Of Telengana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.6007 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.336 of 2022 on the file of Station House Officer, Bachupally Police Station, Kukkatpally registered for the offences punishable under Sections 376 and 506 of Indian Penal Code. 2.

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

3.

The case of the prosecution is that on 15.06.2022 the de facto complainant filed a written complaint stating that the petitioner and other friends went to "Repeat Pub" for celebrating birthday. After the birthday celebration was over, the de facto complainant alleges that next day morning this petitioner committed rape on her. 4.

Learned counsel for the petitioner submits that the petitioner is a student and there was no such rape as alleged by the de facto

complainant. However, since the investigation is almost complete, the petitioner may be directed to be released on bail. 5.

Learned Assistant Public Prosecutor opposes the bail application.

6.

As seen from the remand report, the victim and five other witnesses are examined, conducted scene of offence panchanama, also confession panchanama and also the medical examination of the victim is also complete.

7.

In the said circumstances, keeping in view that the petitioner/Accused is in jail since 17.06.2022, this Court is inclined to grant bail to the petitioner/Accused.

8.

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.50,000/- (Rupees Fifty Thousand only) with two sureties for a like sum each to the satisfaction of II Additional Junior Civil Judge-cum-X Metropolitan Magistrate at Kukatpally.

ii) The petitioner/Accused shall appear before the concerned Station House Officer on every Monday and Thursday between 10.30 AM and 01.00 PM for a period of eight (8) weeks and thereafter shall appear as and when required.

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: 16.08.2022 ns