Sri. Kashapogu Nikhil Kumar v. The State Of Telangana
HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.11476 of 2022 ORDER:
Heard Sri Krishna Reddy, learned counsel, who argued on behalf of Sri P.Sridhar Reddy, learned counsel on record for the petitioner, as well as learned Additional Public Prosecutor who is representing the respondent-State. 2.
Seeking the Court to enlarge the petitioner, who is arrayed as accused No.2 in Crime No.245 of 2022 of Gadwal Town Police Station, Jogulamba-Gadwal District, on bail, the present Criminal Petition is filed under Section 439 Cr.P.C. 3.
The matrix of the case as, could be perceived through the contents of the F.I.R., is that accused No.1 had taken some nude photos of two girls, saved the same in his cell phone and has shown them to the petitioner and thereafter, accused No.1 and petitioner have shown those photos to accused No.3, and accused No.3 had sent the photos to others through Whatsapp.
4.
Arguing the matter, learned counsel for the petitioner contends that accused No.3 was enlarged on bail by this Court vide Criminal Petition No.11523 of 2022, dated
29.12.2022 and the petitioner stands on a better footing and further, the petitioner is in judicial custody for the past 50 days and the entire investigation is completed and therefore, he may be enlarged on bail.
5.
Learned Additional Public Prosecutor states that ten witnesses were examined till now. Thus, it is clear that material part of investigation is completed.
6.
Having regard to the submissions thus made, this Court is of the view the request of the petitioner can be honoured, however conditionally.
7.
Resultantly, this Criminal Petition is allowed with the following conditions:- (i) The petitioner/accused No.2 shall be enlarged on bail on his executing a personal bond for Rs.50,000/- (Rupees Fifty thousand only) with two sureties for the like sum each to the satisfaction of the Court concerned. The sureties are directed to submit their two latest passport size photographs at the time of furnishing solvency. One such photograph is ordered to be pasted in the Surety Register against the name of the surety. The other photograph shall be kept in the case record concerned.
(ii) In case, the petitioner/accused No.2 holds a passport, he is directed to surrender the same, if it is not seized by now.
(iii) The petitioner/accused No.2 should not involve in any unlawful activity.
(iv) The petitioner/accused No.2 should afford all assistance for proper investigation of the case. (v) The petitioner/accused No.2 should not cause the evidence of the offence disappear.
(vi) The petitioner/accused No.2 should not tamper with the evidence in any manner.
(vii) The petitioner/accused No.2 should not by way of inducement, threat or promise, dissuade any person who is acquainted with the facts of the case, from disclosing such facts to the Court or to the Police Officer.
(viii) The petitioner/accused No.2 should ensure his presence whenever required by the Court or Police.
(ix) The petitioner/accused No.2 shall not leave India without previous permission of the court concerned.
(x) The petitioner/accused No.2 shall report before the Station House Officer, Gadwal Town Police Station, Jogulamba-Gadwal District, on every Monday and Thursday between 10.30 a.m.
and 12.00 p.m. till filing of the final report. (xi) The petitioner/accused No.2 shall file an affidavit before the court concerned disclosing the following particulars:-
(1) Contact number
(2) Mail address
(3) Residential particulars.
In case, there is any change in the aforementioned details, the petitioner shall intimate the court concerned by giving a fresh affidavit duly mentioning the change. He shall continue to do so till filing of the final report.
Any deviation of the above conditions would entitle the respondent to take appropriate steps for cancellation of the bail granted.
8.
As a sequel, miscellaneous petitions pending, if any, shall stand closed.
________________________________________ Dr. JUSTICE CHILLAKUR SUMALATHA 30.12.2022
DR