Kishlay Gautham Bharti v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.9417 OF 2022 ORDER:

This Criminal Petition is filed under Section 438 of the Code of Criminal Procedure, 1973 seeking bail to the petitioner in the event of arrest in Crime No.761 of 2022 on the file of Station House Officer, P.S. Pet Basheerabad, Cyberabad Commissionerate, Medchal Malkajgiri District registered for the offences punishable under Sections 376-N and 420 of Indian Penal Code.

2.

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

3.

The case against the petitioner is that he had physical relationship with the de facto complainant over a period of two years on a promise that he would marry her. However, the de facto complainant came to know that the petitioner was already married, as he uploaded a photo of his marriage in face book account.

4.

According to the complaint, the de facto complainant accompanied the petitioner willingly and also gave consent. However, she alleged that, she accompanied him only on account of an undertaking given by the petitioner that he would marry her. The de facto complainant is a major aged around 25 years and on considering the circumstances that transpired in between the petitioner and the de facto complainant, the petitioner can be granted relief of anticipatory bail subject to the following conditions:- i) The petitioner is directed to surrender before the Station House Officer, P.S. Pet Basheerabad, Cyberabad Commissionerate, Medchal Malkajgiri District within ten (10) days from today, and on such surrender, he shall be enlarged on bail on executing personal bond for a sum of Rs.25,000/- (Rupees Twenty Fife Thousand Only) with two sureties each for a like sum each (among which one local and one native surety), to its satisfaction.

ii) On such release, the petitioner shall appear before the concerned Station House Officer on every Friday for a period of two (02) weeks between 10.30 AM and

01.00 PM and thereafter as and when required for the purpose of investigation.

iii) The petitioner shall abide by the other conditions stipulated in Section 438(2) Cr.P.C.

8.

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

________________ K.SURENDER, J Date: 03.11.2022 ESP

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.9417 OF 2022 Dated: 03.11.2022 ESP