Kovelampati Karthik v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.9019 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.81 of 2023 on the file of Bollarum Police Station, Hyderabad, registered for the offences under Sections 376

(2) (n), 417 and 420 of IPC.

2.

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

3.

The de-facto complainant lodged a complaint stating that she was married in the year 2014 and was having a son aged 8 years. In the year, 2018, she got separated from her husband. Thereafter, she was aquatinted with this petitioner in the year, 2021. They started talking with each other and also had sexual relation. The petitioner allegedly promised to marry her, however, the petitioner refused for which reason, the complaint was filed.

4.

As seen from the complaint both had consensual relation. It is specifically mentioned in the complaint by the de-facto complainant that they have physically committed with mutual consent.

5.

Keeping in view that both are majors and had consensual relation over a period of time, petitioner can be granted the relief of regular bail, subject to following conditions:

i) The petitioner/Accused shall execute personal bond for a sum of Rs.25,000/- (Rupees Twenty five thousand only) with two sureties, for a like sum each to the satisfaction of XXII Additional Chief Metropolitan Magistrate, at Secunderabad.

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.

6.

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. 9019 OF 2023 Dt.22.09.2023 dv