Methari Yesaiah v. The State Of Telangana

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION No.11050 of 2016 ORDER:

The petitioner, who is an accused, in crime No.702 of 2016 of L.B.Nagar Police Station, Ranga Reddy District, filed the present application under Sections 437 and 439 Cr.P.C. seeking enlargement on bail in the above crime, registered for the offences punishable under Sections 342, 376 (2) (i) Indian Penal Code of Criminal Law (Amendment) Act, 2013, Section 4 of POSCO Act, 2012 and Section 23 of Juvenile Justice Act.

The case of the prosecution as stated in the remand report is as follows:

L.W.2 is the victim girl, who is a minor aged about 1415 years. L.W.1 is the mother of L.W.2, she got married to one Peddiraj of Amaravathi Village about 18 years back, they were blessed with two female children who used to reside in their native place. About 13 years back, the husband of L.W.1 left the house. As such, she married L.W.3 and migrated to Hyderabad for livelihood. About two years back, she performed the marriage of her elder daughter. Her another daughter i.e. L.W.1 used to reside with them. Since last eight years, they were residing at NTR Nagar, LB Nagar, where she was working as a labour. LW.3 was working as an auto driver. Since 6 years, the victim was working in the lemon shop of the petitioner, situated at NTR Nagar.

It is stated that the accused has been sexually exploiting the victim girl since 5 to 6 months and also threatening her with dire consequences if she discloses the matter to any one. Due to the acts of the accused the victim became pregnant. When the informant came to know about the pregnancy of the victim and acts of the accused, she lodged the present report.

Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

As seen from the record, victim is a minor girl aged about 14 years at the time of commission of offence. Even assuming for the sake of argument that the victim is a consenting party as suggested by the learned counsel for the petitioner, in view of her age, the offence as alleged are prima facie made out. The averments made in the report clearly disclose that petitioner sexually exploited the victim by putting her under fear and also threatened her not to disclose the same to anyone.

In view of the allegations made against the petitioner, which are grave and serious in nature, and as investigation is still pending, I am not inclined to grant bail to the petitioner.

Accordingly, the Criminal Petition is dismissed. _______________________________ JUSTICE C.

PRAVEEN KUMAR 02.08.2016 sur