Javadala Sarath Chandra v. The State Of Telangana

HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION NO.6729 OF 2019 ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.), is filed by the petitioner/accused, seeking anticipatory bail in Crime No.490 of 2019 of P.S. Nacharam, Rachakonda District, registered for the offences punishable under Sections 420, 493 and 376 (2) of the Indian Penal Code and Section 3(2)(v) of the SCs & STs (POA) Act.

The contents of the complaint of the de facto complainant are that in the year 2017, the de facto complainant got acquaintance with the petitioner/accused, that the petitioner-accused promised to marry her after getting job and committed sexual intercourse with her and continued the said relationship, that after getting job, he started avoiding her and blocked her mobile number and when questioned, the petitioner/accused stated that he would not marry her and threatened her with dire consequences. Heard learned counsel for the petitioner/accused and the learned Additional Public Prosecutor appearing for the respondentState. Perused the material on record. Counsel for the petitioner/accused submitted that the petitioner is innocent of the offences alleged against him and he was falsely implicated in the case.

Moreover, the ingredients of Section 3(2)(v) of the SCs & STs (POA) Act do not attract, as the petitioner/accused also belongs to the same caste. It is further submitted that there is no iota of truth in the allegations mentioned in the report and all the allegations are invented for the purpose of implicating the petitioner.

complaint are nothing but a concocted story created and invented for the purpose of foisting a false case. It is further submitted that the petitioner is working as a Lecturer and he recently got employment as Assistant Professor in Alamuri Ratnamala Institute of Engineering and Technology, Thane District, Maharashtra and the petitioner/accused would be put to irreparable loss and hardship if he is implicated in the present case. It is further submitted that the petitioner is a law abiding citizen and hails from a well-established and respectable family with unquestionable antecedents and is the permanent resident of the address mentioned in the cause-title. The petitioner/accused is ready to abide to any condition that may be imposed by this Court. It is further stated that if the petitioner/accused is released on bail, he would not misuse his freedom and prayed for grant of anticipatory bail. As seen from the contents of the FIR, there are specific allegations against the petitioner/accused for the offences alleged against him.

Having regard to the facts and circumstances of the case, nature and gravity of the offences alleged, this Court is not inclined to grant anticipatory bail to the petitioner/accused. The Criminal Petition is, accordingly, dismissed. Miscellaneous applications, if any, pending shall stand dismissed.

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