Kommu Anjaneyulu v. The State Of Telangana
HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION No. 8782 of 2021 O R D E R:
This Criminal Petition under Sections 437 and 439 Cr.P.C. is filed by petitioner - Accused in Crime No. 832 of 2021 on the file of Jeedimetla Police Station registered for the offences punishable under Section 366, 376(2)(n) IPC. and Section 5(1) read with Section 6 of POCSO Act, 2012, seeking bail. 2.
The case of prosecution is that on 08.09.2021 at 00.30 hours, a Telugu-written complaint was received from Smt. G. Nagamani, wherein it is stated that on 07.09.2021, at about 09.00 hours, her grand-daughter namely Guvvala Soni, D/o Late Ramulu, aged 15 years did not return home from the college. It is alleged that on enquiry, they came to know that at about 16.00 hours, her grand-daughter came out of the college and went on a bike along with two persons and the searches and further enquiries made by them in the surrounding places turned futile. 3.
Learned counsel for petitioner Sri Lokesh Phanindra Bonthu submits that it is alleged by the prosecution that petitioner kidnapped victim and lured her in the name of love and had physical relationship. He submits that petitioner was remanded to judicial custody on 15.09.2021 and from the last more than 70 days, he has been languishing in jail. He has drawn attention of the Court to the remand report and submits that even as per the said report, when victim came out from the college, petitioner was present outside the college and took her to Kukatpally, Secunderabad, Dilsukhnagar and thereafter, to Vijaypuri Colony to
the house of his brother-in-law. It is submitted that petitioner has not kidnapped victim and abused her sexually, as alleged, but it is victim, who accompanied him out of love, hence, his case may be considered for grant of bail.
4.
On the other hand, learned Assistant Public Prosecutor submits that investigation is still pending and statement of victim under Section 164 Cr.P.C. is yet to be recorded.
5.
Taking into consideration the submissions of petitioner and as petitioner is languishing in jail from 15.09.2021, this Court deems it appropriate to grant bail to him. 6.
The Criminal Petition is therefore, allowed. The petitioner - Accused shall be enlarged on bail in connection with Crime No. 832 of 2021, P.S. Jeedimetla on his executing a personal bond for a sum of Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of XXI Metropolitan Magistrate, Cyberabad. Petitioner shall cooperate with the Investigation Officer.
___________________________ LALITHA KANNEGANTI, J 02nd December 2021 ksld