Lakavath Gopi v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.10429 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.260 of 2023 on the file of Suryapet II Town Police Station, Suryapet, registered for the offences under Sections 363, 366, 344 and 376 of IPC, Section 3 r/w. 4 of the POCSO Act, 2012 and Section 9 of the Prohibition of Child Marriage Act, 2006.

2.

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

3.

The case of the prosecution is that the petitioner and the victim girl were acquainted with each other as they belong to same community. They were talking regularly on phone. The petitioner expressed his love and proposed to marry the victim girl, but she rejected. However, chatting on mobile phones continued. On 04.07.2023, the victim

girl went along with this petitioner to L.B.Nagar, Hyderabad where they had sexual intercourse. Later, they boarded a taxi and went to L.B.Nagar, from there went to Tirupati and petitioner married the victim girl. On 01.07.2023, they went to Kalahasthi, they stayed there upto 10.07.2023, from there they went to Guntur. They stayed there upto 15.07.2023 as wife and husband. However, petitioner did not have sexual intercourse with the victim girl as she had period issues. Thereafter, petitioner was apprehended on the complaint made by the father of the victim girl. 4.

Learned Additional Public Prosecutor on instructions would submit that investigation is complete and charge sheet is filed.

5.

As charge sheet is already filed and petitioner is in jail since 19.07.2023, regular bail can be granted to the petitioner, 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 the Special Fast Track

Court for Disposal of Rape and POCSO Act Cases, Suryapet.

ii) The petitioner/Accused after release shall appear before the concerned Court on every date of hearing.

iii) The petitioner/Accused shall abide by the other conditions stipulated under Section 437(3) of Cr.P.C.

6.

Accordingly, this Criminal Petition is allowed.

Miscellaneous applications, pending if any, shall stand closed.

_________________ K.SURENDER, J Date: 20.10.2023 dv

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.10429 OF 2023 Dt.20.10.2023 dv