Ashish Kumar Mali v. State Of Telangana

THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.6858 OF 2019 ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C'), is filed by the petitioner/Accused No.1 for grant of anticipatory bail in the event of his arrest in connection with Crime No.114 of 2019 of Begumbazar Police Station, Hyderabad.

2.

Heard the learned counsel for the petitioner/Accused No.1 and the learned Additional Public Prosecutor representing the respondent/State. Perused the record.

3.

The allegation levelled against the present petitioner/accused No.1 is that he is a native of Orissa. He joined as Assistant Pastor under the father of the victim and on their interaction, the petitioner proposed her and made her to believe that he would marry her and on the pretext of marriage, he had sexual intercourse with the victim at her house in the absence of her parents and thereafter, whenever the victim asked about their marriage, he started avoiding her and on 05.06.2019 accused No.2, who is father of petitioner, agreed to perform the marriage in the presence of elders of church and in writing the petitioner and accused No.2 agreed to perform marriage on 30.06.2019 and asked the parents of the victim to make marriage preparations and left to their native place Orissa. Believing the same, they made marriage arrangements and also distributed the invitation cards and when they tried to contact them, their mobiles were switched off and

they also vacated from there and their whereabouts are not known, due to which the marriage was cancelled.

4.

Learned counsel for the petitioner/accused No.1 would submit that the petitioner never committed any offence and he is falsely implicated in this case; that the entire investigation has been completed and material witnesses were examined and hence, he prays to grant bail to the petitioner/accused No.1. 5.

Learned Additional Public Prosecutor opposed the grant of the bail to the petitioner/accused No.1.

6.

As seen from the contents of the complaint, there are specific allegations against the present petitioner/accused No.1 that he promised the victim to marry her and on that pretext he had sexual intercourse with her. Further, when the victim asked him to marry her, the petitioner and Accused No.2 gave an undertaking in writing that they agreed to perform marriage on 30.06.2019 and asked parents of the victim to make arrangements. Thereafter, the petitioner and accused No.2 left to Orissa and switched off their mobile phones and thereby cheated the victim and committed the alleged offences.

7.

Thus, looking into the nature of allegations levelled against the petitioner and involvement of the petitioner in the commission of offence, I am not inclined to grant bail to the petitioner. Therefore, the prayer for Anticipatory Bail is dismissed. 8.

Accordingly, the Criminal Petition is dismissed.

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

______________________ JUSTICE G SRI DEVI 6th November, 2019 YVL

THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.6858 OF 2019 Date:06.11.2019 YVL