Mohammed Younus v. State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.9102 OF 2022 ORDER:

This Criminal Petition is filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C."), seeking to enlarge the petitioner/accused on bail in connection with Crime No.267 of 2022 of Abid Road Police Station, Hyderabad, registered for the offences punishable under Sections 376(2)(f), 342, 323 of the Indian Penal Code.

2.

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

3.

The case of the prosecution is that the petitioner-sole accused alleged to have had sexual intercourse with the de facto complainant forcibly from six months prior to the complaint. During the said time, the petitioner allegedly promised to transfer his land admeasuring 80 square yards in her name and also took Rs.2,00,000/-, thereafter, he failed to handover the documents and thereafter, they stayed in a Hotel in Hyderabad. An allegation is also made against the petitioner/accused that six months prior to the complaint, petitioner had raped her in her home at Parigi Village, Vikarabad District.

4.

Learned counsel for the petitioner has filed on-line money transactions, wherein money was transferred to the de facto complainant by the petitioner herein. Further, both the petitioner and the de facto complainant had travelled to Jaipur on 26.06.2022. 5.

In view of their earlier acquaintance, the de facto complainant travelling and staying in the hotel on her own consent, this Court is inclined to grant bail to the petitioner/accused on the following conditions:

i) The petitioner/accused is directed to be released on bail on his executing personal bond for Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for a like sum each to the satisfaction of the learned II Additional Chief Metropolitan Magistrate, Hyderabad.

ii) The petitioner/accused shall appear before the concerned Police on every Monday and Thursday between 10.00 A.M. and 04.00 P.M., for a period of eight weeks and thereafter, as and when required.

ii) The petitioner/accused shall comply with the conditions as laid down under Section 437 (3) of Cr.P.C.

6.

Accordingly, the Criminal Petition is allowed. Miscellaneous applications, if any pending in this criminal petition, shall stand closed.

_________________ K.SURENDER, J Date :20.10.2022 svl

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.9102 OF 2022 Dt.20.10.2022 SVL