Sri Y. Shiva Kumar v. The State Of Telangana And Another

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 6474 of 2022 ORDER:

This Criminal Petition is filed under Section 438 of Cr.P.C. by petitioner/Accused seeking bail in the event of his arrest in connection with Crime No.150 of 2022 on the file of Gachibowli Police Station, Cyberabad, registered for the offences punishable under Sections 376, 417 and 420 of Indian Penal Code. 2.

Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State and perused the record.

3.

The case against the petitioner is that he and the defacto complainant are students in the University of Hyderabad and pursuing their Ph.D. The petitioner and the defacto complainant acquainted with each other and also had physical relation from the year 2019. There were complaints and counter-complaints between them filed before the University and the Internal Complaint Committee on 27.12.2021 stated that they have conducted enquiry and after hearing to all the depositions and going through all evidence which were submitted by both petitioner and defacto complainant, found that the relation between the petitioner and defacto complainant was consensual and due to the subsequent

differences regarding expectations about each other, the complaints followed. The Committee further stated that there was no circumstantial evidence of the complaints of rape, physical assault on the defacto complainant and accordingly closed the matter.

4.

Subsequently a complaint was also lodged against this petitioner vide Crime No.1372 of 2021 for attempting to pour Acid on the defacto complainant which complaint after investigation was closed as false by report dated 19.04.2022 by the Gachibowli police.

5.

Learned Counsel for the petitioner submits that in fact false allegations were made against the petitioner; and that having filed complaint against the petitioner, the defacto complainant had gone to the village of the petitioner and demanded huge amounts to settle the issues.

6.

As seen from the case the relation between this petitioner and defacto complainant is going on from the year 2019, further, the College Committee had found that the complaints made by the defacto complainant were false. On the very same allegations, present crime is registered.

7.

In the said circumstances, this Court feels it appropriate to grant the relief of Anticipatory Bail to the petitioner. 8.

Accordingly, the criminal petition is allowed and the petitioner/Accused shall be enlarged on bail in the event of his arrest, subject to the following conditions:

1) The petitioner/Accused is directed to surrender on 10.08.2022 before the Station House Officer, Gachibowli Police Station, Cyberabad and on such surrender, the said Station House Officer, shall release the petitioner/Accused on bail, on his executing personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties in a like sum each to his satisfaction.

2) On such release, the petitioner/Accused shall appear before the police on 10th, 11th, 16th, 17th, 18th and 22nd of this month at 10.00 a.m. and thereafter as and when required, for the purpose of investigation.

3) The petitioner/Accused shall abide by the other conditions stipulated in Section 438(2) of Cr.P.C and shall co-operate with the Investigating Officer in investigating the case.

Miscellaneous applications, if any pending in this criminal petition, shall stand closed.

__________________ K.SURENDER, J

Date : 03.08.2022 tk

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 6474 of 2022 Dt.03.08.2022 tk