Atakapuram Satish v. The State Of Telangana

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.6991 of 2017 ORDER:

This criminal petition is filed, by the petitioner-accused No.1, under Sections 437 and 439 Cr.P.C., seeking bail in Crime No.18 of 2017 on the file of the Station House Officer, Women Police Station, Sri Rampur, registered for the offences punishable under Sections 376, 341, 420, 509, 506, 363, 290 read with 34 IPC and Section 6 of POCSO Act, 2012 and Section 66(E) of Information Technology Act, 2000.

2.

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor representing the State. 3.

The facts leading to filing of the present petition are briefly as follows: One Smt.Kasu Manjula is the de facto complainant as well as the mother of the victim (L.W.2). It is the case of the prosecution that the petitioner developed illicit intimacy with the de facto complainant and taken an amount of Rs.7,00,000/- from her. It is the further case of the prosecution that the petitioner taking advantage of his illicit intimacy with the de facto complainant, blackmailed the victim girl (LW.2) and committed rape on her. L.W.2 is aged about 13 years. 4.

The contention of the learned counsel for the petitioner is that the de facto complainant had taken money from the petitioner and in order to avoid repayment of the said amount, falsely implicated the petitioner. The petitioner is in judicial custody since 06.06.2017.

5.

A perusal of the record clearly reveals that the petitioner apart from having illicit intimacy with the de facto complainant, committed rape on L.W.2, who is her daughter. A perusal of the counter filed by the learned Additional Public Prosecutor reveals that the petitioner is an accused in the following cases.

1. Cr.No.55 of 2007 under Section 420 IPC of Srirampur PS;

2. Cr.No.81 of 2013 under Section 420 IPC of Srirampur PS;

3. Cr.No.45 of 2014 under Sections 380, 411 and 109 IPC of Karimnagar I Town PS;

4. Cr.No.417 of 2014 under Sections 380, 411 and 109 IPC of Karimnagar I Town PS;

5. Cr.No.424 of 2014 under Sections 380, 411 and 109 IPC of Karimnagar I Town PS;

6. Cr.No.91 of 2016 under Section 420 IPC of Chennur PS. A perusal of the record further reveals that the investigation is in progress. This Court dismissed the Criminal Petition No.5562 of 2017 on 21.07.2017. There are no changed circumstances from the date of dismissal of the earlier bail petition to till date. 6.

Taking into consideration the nature of the offence alleged to have been committed by the petitioner, this Court is of the considered view that it is not a fit case to grant bail to the petitioner.

7.

In the result, the Criminal Petition is dismissed. _________________________ T.SUNIL CHOWDARY, J 21st August, 2017 Rns