Thambisetty Uday Bhaskar , Uday v. The State Of Telangana

[ 3230 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD WEDNESDAY, THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY ONE :PRESENT:

THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO: 8339 OF 2O2l Between:

Thambisetty Uday Bhaskar @ Uday, S/o Ankaiah Petitioner/Accused AND The State of Telangana, rep by lts Public Prosecutor, High Court for the State of Telangana Respondent/Com pla ina nt Petition under Section 437 & 439 of Cr.P.C, praying that in the circumstances stated in the grounds filed in the Criminal Petition, the High Court may be pleased to release the petitioner/Accused on bail pending investigation, enquiry and trial in to Crime No.582 of 2027 of P.S. KPHB Police Station, Cyberabad in the interest of Justice.

The petition coming on for hearing/ upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of RI MALLESWARA RAO KALLU Advocate ?

,f for the Petitioner and A istant Public Prosecutor for the Sole Respondent, the Court made the following.

ORDER:

This Criminal Petition under Sections 437 and 439 Cr.P.C. is filed by petitioner - Accused in Crime No. 582 of 2O2l on the file of KPHB Police Station registered for the offences punishable under Sections 366-A and 376(2)(n) IPC. and Section 5 read with Section 6 of POCSO Act, seeking bail. 2.

The case of prosecution is that on O8.O7.2021 at 16.00 hours, the complainant lodged a Telugu-r.r,ritten complaint. wherein it is stated that on O3.O7.2021 at about 14.30 hours, her younger daughter left the house and did not return. She searched for her, but in vain. The complainant suspects that petitioner is speaking with her daughter on phone No. 7337263993 from his phone numbers 6302740037 and 7207493160 and had taken away her daughter.

3.

Learned counsel for petitioner Sri Malleswara Rar> Kallu submits that even as per the complaint, both daughter of complainant and petitioner are in love and she went along with petitioner to his native place. He submits that as the complainant is not happy with the said relation, the present complaint was Iodged and petitioner was falsely implicated. It is submitted that petitioner has been languishing in jail from 07 .O9.2021 , hence, his case may be considered for grant of bail.

4 .

On the other hand, learned Assistant Public Prosecutor submits that victim girl is a minor and petitioner induced her and participated in sexual intercourse \^'ith her. It is

/ submitted that statement under Section 164 Cr.P.C. is yet to be recorded and at this stage, petitioner is not entitled for grant of' bail.

5.

Taking into consideration the fact that petitioner has been languishing in jail from 07 .Og .2021 , this Court deems it appropriate to grant bail to him.

6.

The Criminal Petition is therefore, allowed. The petitioner - Accused shall be enlarged on bail in connection with Crime No. 582 of 202 1, P.S. KPHB on his executing a personal bond for a sum of Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of II AJCJ-cumX Additional Metropolitan Magistrate at Kukatpally, Cyberabad. However, petitioner shall not interfere with the investigation nor influence the witnesses.

sD/- l(. sHY Assistant SHI rar //TRUE COPYII SE o CER To,

1. The ll Additional Junior Civil Judge-Cum-X Additional Metropolitan Magistrate at Kukatpally, Cyberabad.

2. The Superintendent Central Prison, Cherlapalli, Medchal Malka.igiri District.

i. The Statior.r House Officer, KPHB Police Station, Cyberabad

4. ONC CC tO SRI. MALLESWARA RAO KALLU AdVOCAIC [oPUC]

5. Two CCs to PUBLIC PROSECUTOR, High Court at Hyderabad. [OUTI

6. One Spare Copy

/ HIGH COURT LKJ DATED;24/ tL/2O2L i// n+ ?

liI s.

\sy so \

ORDER

\* CRLP.No,8339 of 2O2L BAIL