Ummadi Vithal Reddy v. The State Of Telangana

HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION NO.6928 OF 2019 ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.), is filed by the petitionerss/A-2 and A-3, for grant of anticipatory bail in Crime No.162 of 2019 of P.S. Gudipally, Nalgonda District, registered for the offences punishable under Sections 366 and 376(1) read with Section 109 of the Indian Penal Code and Section 3 read with Section 4 of the POCSO Act, 2012.

Heard the learned counsel for the petitioners/A-2 and A-3, the learned Additional Public Prosecutor representing the respondentState and perused the record. In the FIR, it is inter alia stated that the de facto complainant gave a complaint stating that his third daughter aged 16 years studying Intermediate II year in Government Girls College, Devarakonda, went some where from their home on 16.10.2019 and when enquired, they came to know that she went with one Bogani Sudhir Reddy, who kidnapped his daughter with false promise and committed sexual intercourse and that the petitioners/A-2 and A-3 gave their support to kidnap her and as such, he prayed to take necessary action against the petitioners/A-2 and A-3.

Learned counsel for the petitioners/A-2 and A-3 would submit that the petitioners/A-2 and A-3 are innocent and they have not committed any offence as alleged and the de facto complainant, without any reason, made obnoxious allegations against them with a devious intention.

her, A-1 refused to marry, on that the present complaint is filed. The entire allegations against the petitioners/A-2 and A-3 are false and they have not committed any such offence. It is further submitted that the petitioners/A-2 and A-3 are ready to co-operate with the investigation and also ready to furnish sureties if anticipatory bail is granted to them. Hence, he prayed to grant anticipatory bail to the petitioners/A-2 and A-3.

Learned Additional Public Prosecutor representing the respondent-State opposed to grant anticipatory bail to the petitioners/A-2 and A-3.

As seen from the contents of the F.I.R., there are specific allegations against the petitioners/A-2 and A-3 that the petitioners/A-2 and A-3 supported A-1 in kidnapping the victim girl. Having regard to the facts and circumstances of the case, nature and gravity of the offence, this Court is not inclined to grant anticipatory bail to the petitioners/A-2 and A-3. The Criminal Petition is, accordingly, dismissed. However, if the petitioners/A-2 and A-3 surrender before the competent Court within a period of fifteen days from today and apply for regular bail, the same shall be considered by the said Court, in accordance with law.

Miscellaneous applications, if any, pending shall stand dismissed.

_________________ (G. SRI DEVI, J) 7th November 2019 RRB