Ko M Magalla Raju v. The State Of Telangana

I [ 32301 ri

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

WEDNESDAY ,THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY ONE :PRESENT:

THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO: 8699 OF 2021 Between:

Kommagalla Raju, S/o. Maisaiah, Petitioner/Accused AND The State Of Telangana, Represented by its Public Prosecutor, High Court of Telangana, Hyderabad.

RespondenUComplainant Petition under Sections 437 & 439 of Cr.P.C, praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioner on Bail in Crime No.724 oI 2021 of P.S. Neredmet, a Rachakdnda, Ranga Reddy. on such terms and conditions as this Honorable Court deems fit and proper in the interest of justice.; The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of SRI T PRASANNA KUMAR Advocate for the Petitioner and ASSISTANT PUBLIC PROSECUTOR for the Respondent, the Court made the following.

ORDER:

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HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO.8699 OF 2O2I ORDER:

This Criminal Petition, under Sections a37 and 439 Cr.P.C., is filed by petitioner - Accused in Crime No. 724 of 2O2l of Neredmet Police Station, Rachakonda, registered for the offences punishable under Sections 477, 493 and 376(2)(n) of the Indian Penal Code (IPC), seeking bail.

2.

The case of the prosecution is that on O8.10.2021, the de facto complainant gave a complaint stating that the petitioner is her brother-in-law and also neighbour and on the pretext of love and affection, he participated in sexual intercourse with her for several times at her residence by saying that he would marry her and iater, he ignored her and not attended her calls. 3.

Learned counsel for petitioner, Sri T. Prasanna Kumar, submits that it is alleged that the petitioner committed offences punishable under Sections 417, 493 and 376(2)(n) IPC but it is a consensual sex between the parties and hence, Section 376 IPC has no application to the facts of this case. Even it is the case of the complainant that they were having physical relationship from ) \ t the iast four years. Further, statement of the victim under Section 164 Cr.P.C. was also recorded. It is submitted that he was remanded to judicial custody on 10. 10.2021 and since then he has been languishing in jail and hence, his case may be considered for grant of bail.

4.

On the other hand, learned Assistant Public Prosecutor submits that investigation is pending and rn view of the

grave allegations levelled against the petitioner, he is not entitled for bail. However, he does not dispute the fact that the statement of the victim under Section 164 Cr.P.C. is already recorded. 5.

Taking into consideration the fact that petitioner is languishing in jail since lO.lO.2O2l and the statement of the victim under Section 164 Cr.P.C. is already recorded, this Court deems it appropriate to grant bail to him, on certain conditions. 6.

The Criminal Petition is, therefore, allowed. The petitioner - Accused shall be enlarged on bail in connection with Crime No. 724 of 2021, P.S. Neredmet, Rachakonda, on his executing a 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 the XIX Additional Metropolitan Magistrate, Cyberabad at Malkajgiri, Ranga Reddy District. Petitioner sha11 cooperate with the Investigation Officer.

Miscellaneous applications, if any, pending shall stand closed.

I ,---.Y\q "' J"!: 5+'^'i'+ t 5{i:+l ^ - ,rRUE coPY// *)"!t-- SECTION OFFICER To,

1. The XIX Additional Metropolitan Magistrate' Cyberabad at Malkaigiri' RangareddY District.

2. i;""Sr;;;;tendent, Central Prison, Cherlapally'.Ranga Reddy Pit]li9t. .

3. The Station nouse Oficei Neredmet Polrce Station' Rachakonda District +. O." C'C t" Snt. f pARSANNA KUMAR Advocate [OPUCI

5. Two CCs to the pUALf i PROseCUfOA ' High Court for the State of Telangana, HYderabad (OUT)

6. One spare coPY f,

g HIGH COURT LKJ DATED: OL,L2.2O2L

ORDER

CRLP. NO: 8699 of 2021 \pr CRIMINAL PETITION IS ALLOWED