Shaik Khaleed v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 6839 of 2022 ORDER:

This Criminal Petition is filed under Section 437 & 439 of the Code of Criminal Procedure,' 1973 (for short "Cr.P.C.") seeking to enlarge the petitioner/Accused on bail in connection with Crime No.1025 of 2022, on the file of Rajendranagar Police Station, Cyberabad Commissionerate, registered for the offences punishable under Section 376(3) of Indian Penal Code and Sec.3 read with 4 of POCSO Act, 2012. 2.

Heard the learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State and perused the record. 3.

The case against the petitioner is that he was acquainted with the defacto complainant-victim girl, aged about 16 years as per the Remad Report. Thereafter, when the parents of the defacto complainant went to the house of the petitioner/accused and presented the alliance proposal, the petitioner/accused refused to marry the victim girl. Subsequently, when the petitioner wanted to meet the victim girl, she refused. But, the accused went to her house in the absence of her family members and committed rape on her.

4.

Learned Counsel for the petitioner submits that even according to the case of the police, there was a love affair in between the victim and

the petitioner and consequent to refusal of petitioner to marry the victim girl, a false complaint is made.

5.

However, keeping in view that there were earlier marriage proposal between victim and this petitioner, the petitioner can be released on bail subject to the following conditions: i. The petitioner/Accused is directed to be released on bail on his executing personal bonds for Rs.25,000/-(Rupees Twenty Five Thousand only) with two sureties for a like sum each, to the satisfaction of XIV Additional Metropolitan Magistrate, Cyberabad at Rajendranagar, Ranga Reddy District. ii. On such release, the petitioner/Accused shall appear before the concerned Station House Officer on every Monday between 10.30 a.m. to 1.00 p.m. for a period of eight weeks, for the purpose of investigation.

iii. The petitioner/accused shall comply with the conditions as laid down under Section 437 (3) of Cr.P.C. 6.

Accordingly, the criminal petition is allowed. Miscellaneous applications, if any pending in this criminal petition, shall stand closed.

__________________ K.SURENDER, J Date :08.08.2022 tk

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 6839 of 2022 Dt.08.08.2022 tk