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High Court for State of TelanganaCRLP/12350/2023disposed of no costs

Mamidisetty Sasanka Sri Aditya @ M.S.S. Aditya v. The State Of Telangana

2023-12-18K.Surender5 pages

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.12350 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.1580 of 2022 on the file of Narsingi Police Station, Commissionarate, Cyberabad, registered for the offences under Sections 376 (2) (n), 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.

On 30.12.2022, the de-facto complainant filed a telugu written complaint alleging that she was aquatinted with this petitioner and they were communicating on phone and sending messages on whatsapp. The petitioner promised he would marry her. In May, 2022, they had physical relation in the room of the de-facto complainant. Thereafter, several times, they met and had physical relation. Further, the petitioner taken an amount of Rs.50,000/- through Gpay but refused to marry, for which reason, the complaint is filed.

4.

As seen from the complaint, the 2nd respondent is an adult and it appears that she was consenting to the friendship and relation with the petitioner. In the said circumstances, only for the reason of refusal to marry, the complaint was filed resulting in the petitioner being sent to jail. 5.

Since, both, the petitioner and the de-facto complainant are adults and their relationship appears to be consensual, the relief of regular bail, can be granted, 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 XIII Additional Metropolitan Magistrate, Cyberabad, at Rajendranagar.

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

(iii) In the event of the petitioner/Accused in any manner try to contact either the victim girl or her relatives, 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.

6.

Accordingly, this Criminal Petition is allowed.

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

__________________ K.SURENDER, J Date : 18.12.2023 dv

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.12350 of 2023 Dt.18.12.2023 dv