Veparala John Emanuel v. The State Of Telangana.
THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.8640 OF 2023 ORDER:
1.
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/Accused in Crime.No.272 of 2023 on the file of Narayanguda Police Station, Hyderabad, registered for the offences under Sections 376 (2), 417 and 420 of IPC.
2.
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondentState and perused the record. 3.
The case of the de-facto complainant is that she got engaged with the petitioner on 13.11.2021. Thereafter, they chatted on phone. In the month of December, they went out and also participated in sexual intercourse. The petitioner stated that since both were engaged and getting married, he had sexual intercourse with her. Thereafter many times, though the de-facto complainant asked the petitioner to marry her, he postponed the same
and after 11⁄2 year, he denied to marry her. On the basis of the complaint, the Police registered the crime for the offences under Sections 376 (2), 417 and 420 of IPC. 4.
Learned counsel appearing for the petitioner would submit that only for the reason of not being able to marry her after engagement, a false complaint was filed stating that she was subjected to rape.
5.
As seen from the complaint, both the petitioner and the de-facto complainant got engaged in the month of November, 2021.
Thereafter, they had sexual intercourse. However, the petitioner denied marrying the de-facto complainant according to the complaint. 6.
As seen from the remand report, since several witnesses were examined and it appears that most of the investigation is complete, the petitioner can be granted the relief of regular bail subject to following conditions: i) The petitioner/Accused shall execute 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 X Additional Metropolitan Sessions Judge, at Hyderabad.
ii) The petitioner/Accused after release shall appear before the concerned Station House Officer at 10:00 a.m. on every Monday for a period of eight weeks and thereafter, as and when required for the purpose of investigation.
iii) The petitioner/Accused shall abide by the other conditions stipulated under Section 437(3) of Cr.P.C.
7.
Accordingly, this Criminal Petition is allowed. Miscellaneous applications, pending if any, shall stand closed.
_________________ K.SURENDER, J Date: 13.09.2023 dv
THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 8640 OF 2023 Dt.13.09.2023 dv