S Santosh v. The State Of Telangana
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
MONDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR PRESENT :
THE HONOURABLE SMT JUSTICE JUWADI SRTDEVI CRIMINAL PETITION NO: 9887 OF 2024 Between:
S Santosh, S/o. S Narsimlu, Aged about 36 Years, occ. Electrician, R:/o. Balaji Nagar, Adilabad District.
... Petitioner/Accused AND The state of Telangana, through s.H.o., Adilabad-l Town Police Station, Adilabad District, Rep. by its Fublic Prosdcutor, High Court' Hyderabad' Respondents/ ComPlai nant Petition under Section 482 of B.N.S.S. praying that in the circumstances stated in the Memorandum of Grounds of criminal Petition, the High court may be pleased to enlarge the petitioner herein on bail in the event of his arrest in connection with F.l.R.No. 33612024 0f Adilabad-l Town Police station, Adilabad District.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Gajanand chakravarthi, Advocate for the Petitioner and Sri M.Ramachandra Reddy, the Addl. Public Prosecutor (TG/AP) on behalf of the Respondent' The Court made the following: ORDER
HON'BLE SMT. JUSTICE JUWADI SRIDEVT CRIMINALPETITION No.9887 of 2024 ORDER:
Petitioner/accused has filed this petition under Section 4g2 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking anticipatory bail in Cr.No .336 of 2024 of p.S. Adilabad I Town, registered for the offences under Section s 137(2), 351(2), 65(2) r/w 62 BNS.
2.
Heard Sri Gajanand Chakravarthy, Iearned counsel for petitioner and Sri M.Ramachandra Reddy, learned Additional Public Prosecutor appearing, for the respondent_State and perused the record.
3.
The allegation against the petitioner is that he has forcibly taken the six year old girl chird to the park and misbehaved with her with an intention to assault her sexually. 4.
Learned counsel for petitioner submits that the petitioner herein is innocent and he is nothing to do with the alleged offences and he has been falsely implicated in this case. He
( ls, t Crl.P.No.98B7 of2OZ4 further submits that there are some disputes between the complainant and petitioner and most of the investigation IS completed hence, prayed for grant ofbail.
5. The learned Additional public prosecutor, on the other hand, opposed the application stating that serious allegations are levelled against the petitioner/accused. He further submits that the investigation is in progress and ifthe petitioner is released on bail at this stage, he may tamper with the evidence and threaten the witnesses and hence, prayed to dismiss the petition.
6. Having heard both sides and perused the material on record, it is apparent that the petitioner/accused is alleged to have involved in the heinous crime of attempting to rape a six year old girl child. Considering the gravity and seriousness of the offence and keeping in view that the investigation is in progress and charge sheet is yet to be filed, this Court is of the considered opinion that it is not a case for grant of bail.
7. In view of the above, this criminal petition is dismissed, granting liberty to the petitioner/accused to surrender before the
IS, I Crl.P.No.98B7 of2024 Court concerned and file an application for regular bail, in which ,] event, such application be decided preferably on the same day, on its own merits, in accordance with law, without being influenced by any of the observations made in this order. Sd/- A.V.S. P ASSISTANT REGI //TRUE COPY// SECTION OFFICER To,
1. The Judicial First Class Magistrate, at Adilabad.
2. The Station House Officer, Adilabad-l (T), Adilabad District.
3. One CC to Sri. Gajanand Chakravarthi Advocate [OPUC]
4. Two CCs to Public Prosecutor, High Court forthe State of Telangana. [OUTJ.
5. Two CD Copies.
YIR /sh &^C1.
HIGH COURT DATED:0210912024 11t:'- ::: l4l ( (/^ Y /q 16 ttitu ar4 L)
ORDER
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* Dr i-]r CRLP.No.9887 of 2024 e l9 \to\eA '
DISMISSING OF THE CRL.P.