Kotha Kurva Mahendar v. The State Of Telangana

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO Criminal Petition No.7781 of 2018 ORDER :

The petitioner is sole accused of Cr.No.209 of 2018 of Chevella Police Station, Cyberabad registered for the offences punishable under Sections 354-D and 324 IPC and Section 12 of the Protection of Children from Sexual Offences Act 2012 (for short, 'the POCSO Act'), Heard the learned counsel for the petitioner and the learned Addl.Public Prosecutor for the respondent-State and perused the bail application averments, First Information Report and dismissal order of the anticipatory bail application earlier sought before the Court of Sessions dt.18.07.2018 in Crl.M.P.No.2899 of 2018 and the wound certificate with instructions received by the learned Public Prosecutor in opposing the bail application. The petitioner now seeking anticipatory bail.

It is the denial by the petitioner of his alleged beating of the injured Anjaneyulu as false but no credence can be attached to his denial as once the wound certificate clearly speaks of said Anjaneyulu was assaulted by the petitioner on 01.07.2018 at 3.00 P.M. and it shows a laceration on scalp about 5x3cm and another laceration on right elbow of 2x3cm and the first injury was sutured described as simple. From the very report clearly speak that the petitioner/ accused is teasing and harassing the minor girl-a student of decree college, Cheerala including by phone calls and on 01.07.2018 when Anjaneyulu saw the petitioner at his house and talking with Madhavi-the minor girl and when Anjaneyulu questioned, the petitioner fled away therefrom Anjaneyulu went to the house of the accused and questioned his acts, from which, the petitioner dealt a blow with a pestle having picked out from his house with intent

to kill Anjaneyulu and therefrom, no doubt, crime actually would have been registered u/ sec.307 but registered for the offences supra. Having regard to the fact, the petitioner is not entitled to concession of anticipatory bail as rightly concluded by the learned Sessions Judge.

In the result, the Criminal Petition is dismissed. Miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed. __________________________ Dr. B. SIVA SANKARA RAO, J Date: 10.08.2018 Vvr