← Library
High Court for State of TelanganaCRLP/9073/2023disposed of no costs

Boya Rajashekar v. The State Of Telangana

2023-09-22K.Surender4 pages

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.9073 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 No.2 in Crime.No.118 of 2023 on the file of Gadwal Rural Police Station, Jogulamba Gadwal District, registered for the offences under Sections 366, 376 (2) (n) and 109 of IPC and Section 5(l) r/w. Section 6 of the POCSO Act, 2012.

2.

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

3.

The Police, Gadwal Rural registered a crime against A-1 and this petitioner. It is alleged in the complaint that A-1 had eloped with a minor girl. Further A-1 had sexual intercourse with the minor girl though she expressed her unwillingness. The allegation against this petitioner is that

this petitioner is the brother-in-law of A-1 and supported A-1 by arranging an amount of Rs.10,000/-.

4.

There is no allegation against this petitioner to attract an offence of rape. The only allegation is that he had given an amount of Rs.10,000/- to his brother-in-law who is A-1. The petitioner is in jail since 07.08.2023. He can be granted the relief of regular bail, subject to following conditions:

i) The petitioner/Accused No.2 shall execute personal bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties, for a like sum each to the satisfaction of I Additional Judicial First Class Magistrate at Gadwal.

ii) The petitioner/Accused No.2 after release shall appear before the concerned Station House Officer on every Monday for a period of four weeks at 10.00 AM and thereafter as and when required, for the purpose of investigation.

iii) The petitioner/Accused No.2 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. 9073 OF 2023 Dt.22.09.2023 dv