Daggupati Abhishek , Abdhi v. The State Of Telangana And Another

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.9525 OF 2022 O R D E R:

This Criminal Petition is filed under Sections 437 and 439 of Code of Criminal Procedure (for short "Cr.P.C") seeking regular bail to the petitioner who is arrayed as Accused in Crime No.435 of 2022 pending on the file of Station House Officer, Nacharam Police Station, Medchal-Malkajgiri District registered for the offences punishable under Section 366 of Indian Penal Code (for short "IPC").

2.

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

3.

The case against the petitioner is that the police registered a case under Section 366 of I.P.C on receiving complaint from the parents of the victim that she is missing. However, during the course of the investigation, the victim appeared before the police and gave statement that she went with this petitioner. According to the remand report, in December, 2020 also the petitioner was arrested for the reason of alleged abduction of the victim herein.

Again, after being admonished and sent to jail, the victim allegedly expressed her love for the accused and went with him on 10.10.2022.

4.

The counsel for the petitioner submits that they married on 13.10.2022 at Khammam Police Station and thereafter, they arrived on 15.10.2022 to Hyderabad. The counsel for the petitioner further submits that the victim girl is not a minor and also produced birth certificate of the victim. However, without going into age factor of the victim, which can be decided during the course of investigation and keeping in view the circumstances of the present case, the petitioner who is in jail can be granted bail on conditions. 5.

Accordingly, the Criminal Petition is allowed and the petitioner/Accused is granted bail subject to the following conditions:

i) The petitioner/Accused is directed to be released on bail on his executing personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum, to the satisfaction of I Additional Junior Civil Judge -cum-V Additional Metropolitan Magistrate, Medchal, Malkajgiri District at L.B Nagar.

ii) After release on bail, the petitioner/Accused shall appear before the concerned police station on every Monday between 10.00 A.M to 1.00 P.M, for a period of eight (08) weeks and thereafter as and when required for the purpose of investigation. iii) The petitioner/Accused shall abide by the other conditions stipulated in Section 437(3) of Cr.P.C.

iv) The petitioner/Accused shall not in any manner contact the victim or her parents.

Miscellaneous applications, pending if any, shall stand closed. _____________ K.SURENDER, J Date: 08.11.2022 PKR