Rishi Gaur , Varun Bharadwaj v. State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 8478 OF 2022 ORDER:

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 connection with Crime No.1015 of 2022 on the file of Narsingi (CYB) Police Station, Cyberabad, for the offences punishable under Sections 417, 420 and 376(2)(n) of the Indian Penal Code.

2.

Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State and perused the record. 3.

The case against the petitioner is that he came into contact with the defacto complainant through Bumble (Mobile Application), there after they have interacted with each other and the petitioner expressed his love for the defacto complainant several times and also promised to marry her. Trusting the version of the petitioner the defacto complainant participated in sexual intercourse with the petitioner over a period of time. Once the complainant gave an amount of Rs.90,000/- which he promised to return, but failed to do so. Spare key of the complainant's house was also given to the petitioner. However, the said key was not returned. Thereafter, the petitioner went to Punjab and started avoiding the defacto complainant for which reason a complaint was filed.

4.

The petitioner was remanded to custody on 12.08.2022. 5.

As seen from the complaint, the defacto complainant who is a major is working in Amazon and had on her own contacted the petitioner and admittedly, they had physical intimacy with her consent, however she states she was under the impression that he would marry her.

6.

Since the relation between the petitioner and the defacto complainant was one of consent, this petitioner who is in jail from 12.08.2022 can be granted the relief of regular bail on the following conditions;

i) The petitioner/Accused shall execute personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for a like sum each to the satisfaction of XIII Additional Metropolitan Magistrate, Cyberabad at Rajendranagar. (ii) The petitioner/Accused shall appear before the concerned Station House Officer, on every Monday between 10.30 A.M. to 1.00 P.M. for a period of eight weeks or until filing of charge sheet, whichever is earlier, for the purpose of investigation. iii) The petitioner/Accused shall abide by the other conditions stipulated in Section 437(3) of Cr.P.C.

6.

Accordingly, the Criminal Petition is allowed. Miscellaneous applications, pending if any, shall stand closed. _________________ K.SURENDER, J Date: 27.09.2022

tk THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 8478 OF 2022 Dt.27.09.2022 tk