Arikilla Vinay v. The State Of Telangana

HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY CRIMINAL PETITION No.2203 of 2017 ORDER:

This criminal petition is filed by the petitioner under Section 439 Cr.P.C., to modify the condition imposed by the Juvenile Justice Board, Karimnagar in Crl.M.P.No.2249 of 2016 dated 22.11.2016 in Cr.No.127 of 2016 of Saidapur PS, registered for the offences punishable under Sections 366, 376(2) of IPC and Section 5(1) read with 6 of POCSO Act, 2012, whereby the Board while enlarging the petitioner on bail, directed to execute a personal bond for Rs.10,000/ - with two local solvent sureties for a like sum each to the satisfaction of the Juvenile Board and further directed to furnish any piece of document before the Board with regard to his present status of studies, failing which the petition stands dismissed.

2. The contention of the learned counsel for the petitioner is that the petitioner is not a student and he is attending to coolie work but in view of false representation, such condition was imposed.

3. It is clear from the allegations made in the bail petition that the petitioner is prosecuting his studies and he is a student by the date of the alleged offences. But now after obtaining the bail order from the Juvenile Board, the petitioner came up with different version that he is attending to coolie work at the age of 17 years and thereby it is difficult for him to produce a certificate to establish that he is prosecuting his studies. When the petitioner obtained bail order from the Juvenile Board on the ground that he is prosecuting studies, such condition imposed by the Board cannot be modified now. Therefore, I find no grounds to modify the condition imposed by the Juvenile Board and the petition is

liable to be dismissed.

3. In the result, the criminal petition is accordingly dismissed. ________________________ M. SATYANARAYANA MURTHY, J Date: 21.03.2017 BSS

HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY CRIMINAL PETITION No.2203 of 2017 Date: 21.03.2017 BSS