P.Naveen Kumar Reddy And Another v. The State Of Telangana
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY, THE FOURTH DAY OF DECEMBER, TWO THOUSAND AND SEVENTEEN :PRESENT:
THE HON'BLE DR. JUSTICE SHAMEEM AKTHER CRL.P .No. 10152 of 2017 Between:
1. P. Naveen Kumar Reddy S/o late Dabba Nagender Reddy
2. Pavva Keshamma W/o Late Babba Nagender Reddy ..... Petitioner/Accused No.2 & 3 AND The State of Telangna, Rep by its Public Prosecutor, High Court of Andhra Pradesh & Telananga at Hyderabad Respondent/Complainant Petition under Section 438 of Cr.P.C. praying that in the circumstances stated in the petition filed herein, the High Court may be pleased to enlarge the petitioners/Accused No. 2 and 3 on bail in the event of their arrest on bail in Crime no. 142/2017, dated: 31/08/2017 of Police Station Ghattu (M) with or without sureties The petition coming on for hearing, upon perusing the Petition filed in support thereof and upon hearing the arguments of Sri G. RAJESHWAR RAO, for the petitioner and of leaned Public Prosecutor (TG) for the respondent-State, the Court made the following ORDER:
This Criminal Petition, under Section 438 of Cr.P.C., is filed by the petitioners/A.2 and A.3, seeking anticipatory bail in the event of their arrest in connection with F.I.R. No.142 of 2017, on the file of Ghattu (M) Police Station, Jogulamba district, registered for the offences under Sections 366-A, 376(2)(i), 506 R/w 34 I.P.C. and Section 3 R/w.6 and Section 17 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'the POSCO Act').
Heard the learned counsel for the petitioners/A.2 and A.3, learned Additional Public Prosecutor appearing for the respondent-State, and perused the record.
Learned counsel for the petitioners would submit that the petitioners are innocent persons and they were falsely implicated in this case and ultimately prayed to allow the Petition.
Learned Additional Public Prosecutor appearing for the respondentState opposed grant of bail to the petitioners. As per the material on record, A.1, who is the brother of A.2 and son of A.3, fell in love with one Naga Lakshmi, aged 17 years, daughter of defacto complainant; thereafter, he developed physical relationship with the victim girl. The specific allegation against the petitioners/A.2 and A.3 herein is that they prevented A.1 from marrying the victim girl. It is also alleged that the petitioners abused the victim girl and threatened her with dire consequences.
Having regard to the nature of allegations and the material collected so far, the petitioners/A.2 and A.3 can be enlarged on bail under Section 438 Cr.P.C. on some conditions. Accordingly, the petitioners/A.2 and A.3 are directed to surrender before the Station House Officer, Ghattu (M) Police Station, Jogulamba district, within 15 days from the date of this order and on such surrender, they shall be released on bail, each of them executing a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum each to the satisfaction of the said Station House Officer. On release, the petitioners/A-2 and A.3 are directed to attend before the said Station House Officer, on every Sunday between 09:00 and 10:00 a.m. till filing of charge sheet. Further, the petitioners/A-2 and 3 are directed to abide by the conditions mentioned under Section 438(2) Cr.P.C. and shall co-operate with the Investigation Officers.
Accordingly, with the above directions, the Criminal Petition is allowed. In consequence, miscellaneous petitions, if any, pending in this Criminal Petition shall stand closed.
SD/- C.V. MALLIKARJUNA VARMA ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To The Judicial Magistrate of First Class at Gadwal The Station House Officer, Ghattu (M) Police Station Mahabubnagar District. One CC to G. RAJESHWAR RAO, Advocate (OPUC) Two CCs to Public Prosecutor (TG), High Court of Judicature at Hyderabad. (OUT) One spare copy.
HIGH COURT DR.SA,J DATE: 04-12-2017
ORDER
CRL.P. NO. 10152 OF 2017 DIRECTION
HIGH COURT Avs Date of Drafting: 05-12-2017 DR.SA,J DATE: 04-12-2017
ORDER
CRL.P. NO. 10152 OF 2017 DIRECTION