Sri. Barroth Mallesh v. The State Of Telangana

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO. 8390 OF 2021 O R D E R :

This Criminal Petition under Sections 437 and 439 Cr.P.C. is filed by petitioner - Accused No.1 in Crime No. 687 of 2021 on the file of Kushaiguda Police Station registered for the offences punishable under Sections 376(3), 417, 420 IPC., Sections 5 and 6 of POCSO Act, 2012 and Sections 9 and 10 of Child Marriage Prohibition Act, seeking bail. 2.

According to prosecution, on 21.09.2021, at 19.30 hours, respondent - police received a Transferred Zero FIR from Tirmalgherry Police Station wherein it is stated that on 20.09.2021, at about 17.30 hours, the complainant received a call from one Divya (9004466217) regarding one girl aged about 14 years, R/o Behind Hanuman Temple, Kushaiguda that she got married with a person by name Mallesh, aged about 30 years of Siddipet and the marriage was consummated and subsequently, she was taken to her in-laws' house. But due to some reasons, she was not interested to stay there. Further, her uncle by name Sri Ravi forced her to stay at Siddipet only and as the said girl is not interested to do so, she left from her in-laws' house without intimating anyone. On 20.09.2021, at about 18.00 hours, the complainant led the victim from Divya's house and handed over her to Tirumalgherry Police Station. 3.

Learned counsel for petitioner Sri V. Srinivas Rao submits that petitioner has been implicated in this case falsely by the complainant for the reasons best known to her. He

further states that petitioner is not aware of the age of the victim. According to the learned counsel, petitioner was arrested on 23.09.2021 and since then, he has been languishing in jail and as major part of the investigation is completed, the case of the petitioner may be considered for grant of bail. 4.

Learned Assistant Public Prosecutor submits that as per the medical report, the girl is 14-15-year-old and she is in State Home. He submits that so far, five witnesses were examined and investigation is pending, hence, petitioner is not entitled for grant of bail at this stage.

5.

Taking into consideration the gravity of offences and the fact that the victim girl is in State Home, this Court is not inclined to grant bail to petitioner.

6.

The Criminal Petition is accordingly, dismissed. ___________________________ LALITHA KANNEGANTI, J 22nd November 2021 ksld