Mr. Azam Khan v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.11487 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.29 of 2023 on the file of Secretariat Police Station, Hyderabad, registered for the offences under Sections 376 (2) (n), 90, 417 and 420 of IPC.

2.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent-State and perused the record.

3.

The case of the de-facto complainant is that she is acquainted with this petitioner since 2009, while they were pursuing graduation. Petitioner was in love and proposed his love to the de-facto complainant. They continued their relation till October, 2022, 4.

The present complaint was lodged on 25.01.2023 alleging the offence of rape and cheating 5.

Learned counsel for the petitioner would submit that there was consensual relation between the petitioner and the

de-facto complainant over a period of 13 years, it cannot be said that offence of rape is made out.

6.

Keeping in view that both are adults and the relationship between them is from 2009 and only for the reason of not marrying, the complaint was filed, 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 the I Additional Chief Metropolitan Magistrate at Nampally, Hyderabad.

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 and thereafter, as and when required, for the purpose of investigation.

(iii) The petitioner/Accused in any manner shall not try to contact either the victim girl or her relatives. Failing which, the Police are at liberty to seek cancellation of bail granted.

iv) The petitioner/Accused shall abide by the other conditions stipulated under Section 437(3) of Cr.P.C.

7.

Accordingly, this Criminal Petition is allowed.

Miscellaneous applications, if any pending in this criminal petition, shall stand closed.

__________________ K.SURENDER, J Date : 23.11.2023 dv

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.11487 of 2023 Dt.23.11.2023 dv