Borelli Mahesh v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.6658 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.446 of 2022 on the file of Station House Officer, Medchal Police Station, Pet-Basheerabad, Cyberabad registered for the offences punishable under Sections 366 and 376 of Indian Penal Code and Section 5(1) read with Section 6 of Protection of Children from Sexual Offences 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 this petitioner had taken the de facto complainant's daughter along with him and married her in a temple. For marriage he had also purchased one 'Nallapusala Golusu' including one 'Gold Pusthe' and one pair of 'silver toe rings' which were all seized by the police during the course of investigation.

4.

The facts of the case are that the petitioner had taken the girl who is less than 18 years and according to her father she is aged around 17 years. The petitioner and the girl went to Goa and returned to Mahaboobnagar and stayed there and during their stay at Mahaboobnagar and Goa they had sexual intercourse. 5.

As seen from the complaint, the petitioner and the girl have visited several places. The petitioner is in jail from 05.06.2022. Since seven circumstantial witnesses including the victim girl, also 12 other witnesses who are panch witnesses for scene of offence, confession-cum-seizure panchanama and doctor were examined by the police during the course of investigation, the petitioner/Accused can be granted the relief of bail.

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 a 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 XXII Additional Metropolitan Magistrate at Medchal, Cyberabad.

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 two (02) months and thereafter as and when required.

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: 28.07.2022 ns