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High Court for State of TelanganaCRLP/6115/2022allowed no costs

Sri. Kunikar Anil Kumar v. The State Of Telangana

2022-07-19K.Surender2 pages

Crl.Petition No.6115 of 2022 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.6115 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.109 of 2022 on the file of Station House Officer, Ramagopalpet Police Station, Hyderabad registered for the offence punishable under Section 366-A of Indian Penal Code and 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 petitioner married the victim girl in the Aarya Samaj on 29.04.2022, who is aged 15 years according to the prosecution. The petitioner was remanded to judicial custody on 01.05.2022.

4.

The victim girl produced her aadhar card in the Aarya Samaj showing her date of birth as 16.08.2002, on the basis of which the marriage was performed.

Crl.Petition No.6115 of 2022 5.

In the peculiar facts and circumstances of the case, the petitioner/Accused who is in jail since 01.05.2022, can be granted the relief of 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 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 Prl.District and Sessions Judge at Malkajgiri.

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 eight (08) weeks 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: 19.07.2022 ns