Maloth Mahender Nayak v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.9975 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 No.1 in Crime No.1075 of 2022 pending on the file of Station House Officer, Medipally Police Station, Rachakonda registered for the offences punishable under Sections 376(2)(n), 417, 420, 493 and 506 read with Section 109 of Indian Penal Code.

2.

Heard learned counsel for the petitioner-Accused No.1 and learned Additional Public Prosecutor for the respondent-State. Perused the record.

3.

The case of the de facto complainant is that she was acquainted with this petitioner since 2019 and from the month of February, 2020 both the petitioner and the de facto complainant lived together for eight months i.e. till October, 2020. During the said stay of eight months, they had sexual intercourse and according to the de facto complainant it was without her consent.

The petitioner also introduced her to his parents and other relatives, and assured her that he would marry her. However, the petitioner started avoiding the de facto complainant having taken her money and ornaments, as such, she lodged the present complaint.

4.

As seen from the allegations in the complaint, the petitioner and the de facto complainant were in live-in relationship for a period of eight (08) months in the year 2020. As seen from the remand report, since major part of the investigation is complete, the prayer for regular bail can be granted.

5.

Accordingly, the Criminal Petition is allowed and the petitioner-Accused No.1 is granted bail subject to the following conditions:

i) The petitioner-Accused No.1 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 for a like sum each, to the satisfaction of Principal Junior Civil Judge-cum-IV Additional Metropolitan Magistrate, Medchal-Malkajgiri District, Uppal at L.B.Nagar.

ii) After release on bail, the petitioner-Accused No.1 shall appear before the concerned Station House Officer on every Monday between 10.30 AM and 01.00 PM for a period of eight (08) weeks and thereafter as and when required for the purpose of investigation.

iii) The petitioner-Accused No.1 shall abide by the other conditions stipulated in Section 437(3) of Cr.P.C. Miscellaneous applications, pending if any, shall stand closed. _____________ K.SURENDER, J Date: 18.11.2022 ns