Gajjala Shiva Reddy @ Gazzala Shiva Reddy v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.10279 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 in Crime.No.1111 of 2023 on the file of Hayathnagar Police Station, Cyberabad, registered for the offences under Sections 376 (2) (n) and 506 of IPC.

2.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondentState and perused the record. 3.

According to the de-facto complainant, this petitioner is relative who promised to settle money issues. Both of them started to contact and converse regularly. On 03.04.2023, this petitioner had taken her to the farm house on Srisailam highway and forcibly had sexual intercourse with her without her consent. The husband of the de-facto complainant was residing in Saudi Arabia and her daughter was pursuing MS in United States of

America. In the said circumstances, it is stated by the de-facto complainant that this petitioner promised to take care of her and her family members. The petitioner had taken some photographs during their physical intercourse. Aggrieved by the said acts of this petitioner, the complaint was filed.

4.

As seen from the remand report, the relation between the petitioner and the de-facto complainant, who are relatives appears to be on account of petitioner promising to settle money issues and allegedly they were involved in physical relation. As the petitioner is in jail since 30.09.2023 and major part of the investigation is complete even according to the learned Additional Public Prosecutor, the petitioner can be granted the relief of regular bail, subject to following conditions: i) The petitioner/Accused shall execute personal bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties, for a like sum each to the satisfaction of XIV Additional Metropolitan Magistrate, Cyberabad at Hayathnagar.

ii) The petitioner/Accused after release shall appear before the concerned Station House Officer at 10:00 a.m. on every Monday for a period of eight weeks or till the charge sheet is filed, whichever is earlier, for the purpose of investigation.

iii) In the event of petitioner trying to contact the de-facto complainant and her relatives in any manner, the Police are at liberty to seek cancellation of bail granted to the petitioner. (iv) The petitioner/Accused 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: 18.10.2023 dv

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 10279 OF 2023 Dt.18.10.2023 dv