Madupu Shiva Sai Kiran v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.6019 OF 2022 ORDER:

This Criminal petition is filed under Section 438 of Cr.P.C., seeking pre-arrest bail to the petitioner/Accused No.1 in the event of his arrest in connection with Crime No.426 of 2022 which was subsequently transferred to P.S. Adibatla and was registered as Crime No.249 of 2022 pending on the file of Station House Officer, Adibatla Police Station, Rachakonda Comissionerate, registered for the offence punishable under Sections 376(2)(n), 324, 506, 109, 417 IPC and Sections 3(2)(v), 3(2)(Va) of SCs & STs (POA) Act.

2.

Heard the learned counsel for the petitioner/Accused No.3 and the learned Assistant Public Prosecutor for the respondentState. Perused the record. 3.

The allegation against petitioner is that petitioner/Accused No.1 committed rape and thereafter, cheated the de facto complainant who belongs to schedule caste and aggrieved by that, she filed a complaint which was registered for the said offences. The counsel has filed memorandum of understanding which is dated 31.05.2022 filed before the National Human Rights Commission and Women Child Development Commission which is the understanding between

the accused and the de facto complainant stating that she intends to withdraw the complaint made to the Human Rights Commission as the matter was settled. However, subsequent to the said undertaking, she has filed a complaint dated 14.06.2022 with the very same allegations which are prior to 31.05.2022. There is no allegation in the complaint regarding anything that transpired after memorandum of understanding dated 31.05.2022. On verification, the Public Prosecutor would submit that the de facto complainant had filed other complaints against other persons. In the said circumstances, the prayer for anticipatory bail can be considered on the following conditions:

(i) The petitioner/accused No.1 is directed to surrender before the Station House Officer, Adibatla Police Station, Rachakonda Commissionerate, within a period of ten days from the date of this order. On such surrender, the said Station House Officer shall release the petitioner/accused No.1 on bail on his executing a personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties for a like sum each to his satisfaction. (ii) On such release, the petitioner/accused No.1 shall report before the said Station House officer as and when required for the purpose of investigation.

(iii)The petitioner/accused No.1 shall abide by the other conditions stipulated in Section 438(2) of Cr.P.C. and

shall cooperate with Investigating Officer in investigating the case.

4.

Accordingly, the Criminal Petition is allowed. 5.

Miscellaneous applications, if any pending in this Criminal Petition, shall stand closed.

________________________ JUSTICE K.SURENDER Dt.28.07.2022 ysk

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.6019 OF 2022 Dt.28.07.2022 ysk