Dharavath Bheemanna v. The State Of Telangana

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO Criminal Petition No.9804 of 2018 ORDER :

The petitioner is the sole accused of Cr.No.104 of 2018 of Kakatiya University police station, Warangal registered for the offences punishable under Sections 417 and 376 IPC. The petitioner who went unsuccessful in moving for anticipatory bail before the learned Sessions Judge in Crl.M.P.No.867 of 2018 and earlier Crl.M.P.No.467 of 2018 respectively dt.16.08.2018 and 06.06.2018, also moved a petition in this Court in Crl.P.No.6182 of 2018 and the same, when the Court was not inclined to grant anticipatory bail, withdrawn on 12.07.2018, now filed fresh petition with the contentions that he is innocent and is falsely implicated and there is likelihood of loosing his job if at all he is arrested and kept in judicial custody for 48 hours for committed no offence and thereby entitled to concession of anticipatory bail. Though there is no specific mention as to what are the changed circumstances, leave about earlier the Court not even inclined to grant anticipatory bail to maintain the present one, it is the submission that the investigation is mostly completed.

Heard the learned Public Prosecutor who opposed the same. Perused the First Information Report, bail application averments, Case Diary, earlier dismissal and withdrawal orders referred supra. On perusal of the very report of the defacto-complainant dt.24.04.2018 it shows on knowing about the petitioner having enjoyed her sexually by luring to marry right from 2017, married another women all of a sudden on 13.04.2018, clearly speaks he used to follow her by

saying he is uncle by courtesy and living her and even initially she refused he trapped her by luring under the pretext to marry her. Taking advantage of it, later he lured her to part with her privacy and personal life by enjoyed her sexually under the pretence of going to marry at any cost many a time and when she questioned, he stated of the marriage could be performed after marriage of his sisters and also stated the factum of oath, however went back and when she was carrying, out of the sexual life between them, he cause aborted by administering tablets under the threat of otherwise going to commit suicide if she expose.

Later he secured job in October, 2017 in Assam in a university and went away without informing her and when she contacted over phone he assured that he will marry her in February, 2018 through registered marriage and requested not to inform to anybody and on 04.01.2018, he asked her to marry another person which insult she could not bear and decided to end her life but her Professor Krishnan stopped her and also informed to another Professor Bhimanna who questioned him but he did not agree and went back to Assam and when she tried to call him over phone, he did not respond however all of a sudden he married another women in April 2018. Having regard to the above, when there is prima facie accusation there are no grounds to grant bail pending investigation much less anticipatory bail.

With these observations, the Criminal Petition is dismissed. Miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed.

__________________________ Dr. B. SIVA SANKARA RAO, J Date:24.09.2018 b/o.

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