Desa Uday Kumar v. The State Of Telangana

THE HON'BLE SRI JUSTICE T.AMARNATH GOUD CRIMINAL PETITION No.7635 OF 2019 ORDER:

This Criminal Petition, under Sections 437 & 439 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C'), is filed by the petitioner/A-1 for grant of bail in Crime No.224 of 2019 of Police Station, Nalgonda II Town, Nalgonda, registered for the offences punishable under Section 427, 420, 506 & 376 IPC. 2.

Heard learned counsel for the petitioner/A-1 and the learned Additional Public Prosecutor representing the respondent/State. Perused the record.

3.

The case of the prosecution is that the de facto complainant lodged a report stating that she and the petitioner completed their schooling in a school; that at that time, she fell in love with the petitioner; that the petitioner, with a promise to marry the de facto complainant, participated in sexual intercourse with her; that in the month of July, 2019, the Police, She Team, Nalgonda, conducted counseling to the petitioner and the de facto complainant, wherein the petitioner and his parents agreed to perform the marriage and requested one month time; that thereafter, the petitioner and his family members denied to perform the marriage. Basing on the said complaint, the police registered the above said crime for the aforesaid offences. 4.

Learned counsel for the petitioner/A-1 would submit that the petitioner is a student and he does not have any criminal

track record; that the petitioner and the de facto complainant are well known to each other as they studied together till 10th class; that thereafter, they fell in love with each other; that the semester exams are scheduled to be conducted shortly and if the petitioner is not enlarged on bail, he would loose academic year; that the petitioner is nothing to do with the alleged offences and that the complaint was lodged at the behest of the parents of the de facto complainant with false allegations and prays to grant to the petitioner/A-1.

5.

Learned Additional Public Prosecutor opposed the grant of the bail to the petitioner/A-1.

6.

The allegations levelled against the petitioner are grave in nature. The investigation is still in progress and hence, if the petitioner is granted bail, there is every possibility of causing hindrance in the investigation and tampering the evidence. Hence, this Court is not inclined to grant bail to the petitioner/A-1.

7.

Accordingly, the Criminal Petition is dismissed. Miscellaneous petitions, if any, pending in this petition shall stand closed.

________________________ T.AMARNATH GOUD, J Date: 05.12.2019 TJMR