Thipparaveni Kishore v. The State Of Telangana
HON'BLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.7869 of 2019 ORDER :
Petitioner, who is A1 in Cr.No.127 of 2019 on the file of the S.H.O. Godavarikhani I Town Police Station, Peddapalli District, registered for the offences punishable under Sections 417, 420 and 109 r/w 34 IPC, filed this petition under Section 438 Cr.P.C. seeking anticipatory bail.
2.
Heard learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent State.
3.
The case of the prosecution is that the younger daughter of the de facto complainant by name Akula Lalitha, who completed MBA fell in love with A1 for the last 3 years. On coming to know about the same, the de facto complainant enquired with her and she said that A1 promised to marry her and also told not to look marriage matches to her. On that, the de facto complainant did not look for marriage matches to her. Thereafter, A1 refused to marry her and also stated that he will post their joint photos in the face book so as not to solemnize her marriage with anyone. When the de facto complainant asked A1 and his parents in the presence of elders, they did not heed their words and threatened them. Hence, the complaint.
4.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case without there being any proof. He further submits that complainant falsely implicated A1 stating that he cheated his daughter by promising that he will marry her and failed his promise. He further submits that the according to the statement given by the victim to police, it is A4 who promised her that he will marry her and failed his promise. He further submits that the petitioner is the innocent of the offences alleged against him. He further submits that the petitioner is ready to abide by the conditions imposed by this Court and hence, he prays to grant anticipatory bail to the petitioner.
5.
On the other hand, the learned Additional Public Prosecutor representing the State vehemently opposed the bail application.
6.
As seen from the contents of F.I.R. the petitioner has played the key role and asked the victim to take some photographs with him as if they are married and also stated that he will show the photographs to the persons, who come for marriage proposal to him so that his marriage proposal will be cancelled. By believing the words of the present petitioner, the victim has agreed for the same and accordingly both together have taken photographs and thereafter, the petitioner used the photographs of both and
made propaganda that both of them married and they both lived for six months in Hyderabad. Then A2 showed the photographs to the elders in the panchayat and insulted the victim in front of the elders. Again the petitioner and his brother used to cancel all the marriage proposals of the victim. The petitioner used to call the victim on phone and used to send messages and he also threatened the victim that he will upload the photos and damage the life of the victim. Having no other option, the petitioner has agreed to marry the petitioner. But, the parents and other brother of the petitioner did not allow the victim to marry the petitioner.
7. Thus, looking into the nature of allegations leveled against the petitioner and also taking into consideration the gravity of offence alleged against the petitioner, I am not inclined to grant anticipatory bail to the petitioner.
8.
Accordingly, the Criminal Petition is dismissed. However, if the petitioner-A1 surrenders before the concerned Court within 15 days from today and files bail application after giving due notice to the Public Prosecutor, the same may be considered in accordance with law. Miscellaneous petitions, if any pending shall stand closed. ________________________ JUSTICE G. SRI DEVI DATED: 30.12.2019.
Hsd