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High Court for State of TelanganaCRLP/10561/2023disposed of no costs

Chinna Ashanolla Rajkumar @ Shiva Raju v. The State Of Telangana

2023-10-31K.Surender3 pages

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.10561 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.1099 of 2023 on the file of Vanasthalipuram Police Station, Rachakonda, registered for the offences under Section 366, 376(2)(n), 343 of IPC and Section 5(1) r/w. Section 6 of POCSO Act, 2012. 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 had proposed his love for the victim girl who is aged around 17 years. On 04.09.2023, the parents of the victim girl went to the hospital and when the victim was alone in the house, the petitioner was found in the house by one Shiva. The said Shiva when questioned the petitioner and the victim girl, they informed him that they are in love and decided to marry. Thereafter, the petitioner took her outside on his bike and went to his village and made his parents believe that she is major. On 06.09.2023 and 10.09.2023, they have participated in sexual intercourse.

4.

As seen from the remand report, major part of the investigation is complete. From the facts of the case, since the victim girl is aged around 17 years and 10 months and further there are no injuries that are found on the victim girl, this Court deems it appropriate to grant 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 VII Additional Metropolitan Magistrate, Hayathnagar, R.R.District.

ii) The petitioner/Accused after release shall appear before the concerned Station House Officer, on every Monday at 10:00 a.m., for a period of eight weeks for the purpose of investigation and thereafter, as and when required.

iii) 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, if any pending in this criminal petition, shall stand closed.

__________________ K.SURENDER, J Date : 31.10.2023 dv

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.10561 of 2023 Dt.31.10.2023 dv