Arpula Mahesh v. The State Of Telangana

HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION No.10201 of 2021 O R D E R:

This Criminal Petition under Sections 437 and 439 Cr.P.C. is filed by petitioner - Accused in connection with Crime No.357 of 2021 of P.S Yellareddypet, Rajanna Sircilla District, registered for the offence punishable under Section 376 r/w 511 of IPC seeking bail.

2.

A report was lodged by the de facto complainant stating that petitioner is her classmate when she studied intermediate. In the year 2016 her parents performed her marriage, but the petitioner has shown the photographs to her husband, which were taken when they went to tour during college, due to which her husband divorce to her. Later on 25.11.2021 at 2300 hours, petitioner went to the house of complainant, dragged her by holding her hand saying that he is loving her and wanted to marry her, so saying attempted to commit rape on her. When she raised cries, her mother rushed there and on seeing her, petitioner fled away. Basing on the said report, the present crime was registered. 3.

Heard Sri C.Hari Preeth, learned counsel for petitioner and learned Assistant Public Prosecutor appearing on behalf of respondent-State.

4.

Learned counsel for petitioner submits that as per the complaint the incident happened on 25.11.2021, whereas the report was given on 02.12.2021. He submits that petitioner is her classmate while they were studying intermediate. He submits that it is alleged that earlier complainant got married and also divorced

and again when her parents are looking for marriage proposal, petitioner has shown some photographs and stopped the said marriage also. He submits that petitioner is unconnected with the alleged offence and the crime is registered under Section 376 of IPC, which is not applicable. He submits that there is no explanation as to why complaint was given in 02.12.2021 when the incident took place on 25.11.2021. He submits that petitioner has been implicated in this case and he is languishing in jail from 03.12.2021, as such his case may be considered for grant of bail. 5.

Per contra, learned Assistant Public Prosecutor submits that investigation is pending, so far six witnesses were examined and at this stage, petitioner is not entitled for bail. 6.

Taking into consideration the allegations in the complaint and the delay in lodging the complaint, this Court deems it appropriate to enlarge the petitioner on bail. 7.

In the result, criminal petition is allowed and the petitioner / Accused shall be enlarged on bail in connection with Crime No.357 of 2021 of P.S Yellareddypet, Rajanna Sircilla District on his executing a bond for a sum of Rs.20,000/- (Rupees twenty thousand only) with two sureties each for a like sum to the satisfaction of Additional Judicial Magistrate of First Class, Sircilla.

___________________________ LALITHA KANNEGANTI, J 6th January, 2022 PVD

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION No.10201 of 2021 06.01.2022 PVD