Sripathula Laxman v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION Nos.8735 8745 OF 2023 COMMON ORDER:

1.

These Criminal Petitions are filed under Section 438 of Cr.P.C. by the petitioners/Accused Nos.1 and 2 seeking bail in the event of their arrest in connection with Crime No.167 of 2023 on the file of Gollapalli Police Station, Jagtial District, registered for the offences under Sections 376 (2) (n), 313, 417, 420 and 506 r/w. 34 of IPC and Sections 3 (1) (r) (s), 3 (2) (va) of SC's/ST's (POA) Amendment Act, 2015.

2.

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

3.

The case of the de-facto complainant/2nd respondent is that she knew A-1 since 5 years. For the past two years, they had sexual intercourse and she was under the impression that they will get married soon. The de-facto complainant conceived and was carrying pregnancy of four months. However, A-2/mother and brother who was arrayed as A-3 took her to the hospital and got her aborted. When she questioned about why they got aborted, it was stated that she belongs to SC caste. Aggrieved by the said insult, she lodged the complaint.

4.

Even according to the complaint, she is aged around 27 years and had consensual relation with the petitioner/A-1 over a period of 5 years.

5.

In the said circumstances, this Court deems it appropriate to grant the relief of anticipatory bail to the petitioners, subject to the following conditions:

1) The petitioners/Accused Nos.1 and 2 are directed to surrender before the Station House Officer, Gollapalli Police Station, Jagtial, on 22.09.2023. On such surrender, the said Station House Officer shall release the petitioners on bail, on their executing personal bond for a sum of Rs.25,000/- (Rupees Twenty five thousand only) with two sureties for a like sum each to his satisfaction.

2) On such release, petitioner/Accused No.1 shall appear before the concerned Station House Officer at 10.00 A.M on every Monday and Wednesday for a period of eight weeks, for the purpose of investigation and thereafter, as and when required. Likewise, Accused No.2 shall appear before the concerned Station House Officer for the purpose of investigation, as and when required

3) The petitioners/Accused Nos.1 and 2 shall abide by the other conditions stipulated in Section 438(2) of Cr.P.C and shall co-operate with the Investigating Officer in investigating the case.

6.

Accordingly, these Criminal Petitions are allowed.

Miscellaneous applications, if any pending in this criminal petition, shall stand closed.

__________________ K.SURENDER, J Date : 19.09.2023 dv

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION Nos.8735 8745 of 2023 Dt.19.09.2023 dv