Yedidha Diwakar v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.8998 OF 2023 ORDER:

1.

This Criminal Petition is filed under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking regular bail to the petitioner/Accused in Crime.No.511 of 2023 on the file of Jubilee Hills Police Station, Hyderabad, registered for the offences under Sections 376, 417, 420, 313 and 323 of IPC.

2.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent-State and perused the record.

3.

The petitioner is accused of committing rape and cheating on the de-facto complainant. It is alleged in the complaint lodged by the de-facto complainant that she is acquainted with this petitioner since the year, 2016. They had sexual relation over a period of time. In the year, 2018, she was taken to a Church and the petitioner tied mangalsutram (sacred thread) around her neck.

Thereafter, they were living together. In the year, 2020,

she came to know that this petitioner was already married to A-2 and was living with her. In the month of August, 2022, she conceived, however A-1 gave her tablets resulting in abortion. On 02.06.2023, she again tested positive for pregnancy and on the same day, while she was in her house, A-2 went to her place and assaulted her. Thereafter, the complaint was filed.

4.

As seen from the complaint of the de-facto complainant, she is a major and she was living on her own volition for several years. It appears that differences let her to lodging of the present complaint. Keeping in view that the petitioner is in jail since 17.08.2023 and most part of the investigation is complete, the petitioner can be granted relief of regular bail, subject to following conditions: i) The petitioner/Accused shall execute personal bond for a sum of Rs.15,000/- (Rupees Fifteen thousand only) with two sureties, for a like sum each to the satisfaction of XVII Additional Chief Metropolitan Magistrate, at Nampally, Hyderabad. ii) The petitioner/Accused after release shall appear before the concerned Station House Officer on every Monday for a period of eight weeks at 10.00 AM

and thereafter as and when required, for the purpose of investigation.

iii) The petitioner/Accused shall abide by the other conditions stipulated under Section 437(3) of Cr.P.C.

5.

Accordingly, this Criminal Petition is allowed.

Miscellaneous applications, pending if any, shall stand closed.

_________________ K.SURENDER, J Date: 22.09.2023 dv

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 8998 OF 2023 Dt.20.09.2023 dv