Chigurla Mallaiah v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.9211 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.30 of 2022 of Egalapenta Police Station, Nagarkurnool District, registered for the offences punishable under Sections 376, 450, 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 against the petitioner is that he entered into the house of the victim and sexually exploited her on 11.06.2022. The petitioner was taken into custody on 14.06.2022. The investigation is completed and charge-sheet is filed. However, in the charge-sheet it is mentioned that the items collected for Forensic Science Laboratory Examination did not show that there was no blood, foreign hair or semen. However, it was opined by the Doctor that 'there was no evidence of sexual intercourse according to the Forensic Science Laboratory Report and there is no evidence of sexual assault it may be, may not be occurred'.

4.

In the said circumstances, the investigation discloses that there was no evidence of sexual assault. Therefore, this Court is inclined to grant the relief of regular 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.25,000/- (Rupees Twenty Five Thousand only) with two sureties for a like sum each to the satisfaction of the learned Principal District & Sessions Judge, Nagarkurnool.

ii) The petitioner/accused shall appear before the learned Principal District & Sessions Judge, Nagarkurnool, on everyday during trial, which is to be scheduled. iii) The petitioner/accused shall comply with the conditions as laid down 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 :28.10.2022 svl/MNV

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.9211 OF 2022 Dt.28.10.2022 SVL/MNV