Kethavath Raja Naik v. The State Of Telangana

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH I\,IONDAY, THE TWELFTH DAY OF NOVEIIIBER, TWO THOUSAND AND EIGHTEEN : PRESENT:

THE HONOURABLE DR JUSTICE SHAMEEM AKTHER CRLP.No 11754 of 2018 Between:- Kethavath Raja Naik, S/o. Late Hanuman Naik.

Petitioner/Accu sed.

AND The State of Telangana, through the Station House Officer, Sanathnagar P.S., rep. by its Public Prosecutor, High Court at Hyderabad.

.....Respondent.

Petition filed under Sections 437 & 439 of Cr.P.C. praying that in the circumstances stated in the Grounds of Criminal Petition, the High Court may be pleased to enlarge the Petitioner/accused on bail in Crime No. 415 of 2018 on the file of Sanathnagar Police Station.

These petition coming on for hearing, upon perusing the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri J.U.tvl.V. Prasad, Advocate for the Petitioner and of Additional Public Prosecutor(TS) on behalf of Respondent-State, the Court made the following ORDER :- "This Criminal Petition, under Section 439 of the Code of Criminal Procedure, 1973, is filed by the petitioner/accused, for grant of bail in connection with Crime No.4'l5 of 2018 of Sanathnagar Police Station, Cyberabad, registered for the offences punishable under Section 376(2Xn) l.P.C. and Section 5(1) read with 6 of the Protection of Children from Sexual Offences Acl, 2012.

2. Heard the learned counsel for the petitioner/accused, the learned Additional Public Prosecutor representing the res ponde nt/State and perused the record.

3. Learned counsel for the petitioner/accused would submit that the petltioner is innocent and falsely implicated in this case and prayed to allow this application.

4. On the other hand, the learned Additional Public Prosecutor opposed the grant of bail to the petitioner/accused and submitted that the petitioner/accused is alleged to have some love affair with the victim, who is said to be 14 years old, and by deceitful words, forcibly committed sexual acts against her.

5. The petitioner/accused is a student aged 19 years. He was remanded to judicial custody on 22.08.2018. Having regard to the nature of allegations and as most part of the investigation is completed, this Court is inclined to grant bail to the petitioner/accused.

Contd.2

6. Accordingly, the petitioner/accused is ordered to be released on bail on his executing a personal bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties in a like sum each to the satisfaction of the learned XXIV Metropolitan Magistrate, Cyberabad at Kukatpally. After release on bail, the petitioner/accused shall report before the Station House Officer, Sanathnagar Police Station, on every Sunday and Wednesday between 08:00 AM and 09:00 AM, till filing of the charge sheet.

7. Accordingly, the Criminal Petition is allowed. 8.

Miscellaneous petitions pending, if any, in this Criminal Petition shall stand closed."

Sdi- CH. VENKATESHWAR, ASSISTANT REGISTRAR o //TRUE COPY'

for ASSISTANT REGISTRAR To 1.The Metropolitan Sessions Judge, Ranga Reddy District at L.B. NaGAR. 2.The XXIV Metropolitan Magistrate, Cyberabad at Kukatpally. 3.The Station House Officer, Sanathnagar Police Station, Cyberabad. 4.The Superintendent, Central Prison, Cheriapally, Ranga Reddy District. S.Two CCs to the Public Prosecuto(Ts), High Court at Hyd.(OUT). 6.One CC to Sri J.U.M.V. Prasad, Advocate(OPUC) 7.One spare copy.

TKK

HIGH COURT DR.Sr\.J DT.t2-11-2018.

BAII- ORDER q CRLP .No. 11754 of 2018 RELEASE THE PETITIONEPJACCUSED ON BAIL