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High Court for State of TelanganaCRLP/13220/2018allowed no costs

Jaladanki Tirumal Reddy v. The State Of Telangana

2018-12-26Shameem Akther4 pages

[25eL I HIGH COURT OF JUDICATURE AT HYDERABAD FOR-..HE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY ,THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND EIGHTEEN :PRESENT:

THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION NO: 1322O OF 2018 Between:

Jaladanki Tirumal Reddy, S/o. Raja Reddy Petitioner/Accused AND The State Of Telangana, Rep. by its Public Prosecutor, High Court at Hyderabad.

Respondent/ Complainant Petition under Section 437 & 439 of Cr.P.C, praying that in the circumstances stated in the aflidavit filed in support of the CriminalPetition, the High Court may be pleased to release the petitioner on bail pending investigation, and enquiry in Crime No.506 of 2018 of Nacharam Police Station, Ranga Reddy District, Telangana State The petition coming on for hearing, upon perusing the Petition and the afhdavit frled in support thereof and upon hearing the arguments of Dr CHALLA SRINIVASA REDDY Advocate for the Petitioner, THE PUBLIC PROSECUTOR (TG) Advocate for the Respondent and the Court made the following.

ORDER

This Criminal Petition, under Section 439 of the Code of Criminal I Procedure, 1973, is filed by the petitioner/accused, for grant of bail in Crime No.506 of 2018 of Nacharam Police Station, Rachakonda Commissionerate. registered for the offences punishable under Sections 354, 323 and 506 of LP.C. and Section 8 of the Protection of Children from Sexual Offences Act, 20t2.

2.

Heard the learned counsel for the petitioner/accused, the learned Additional Public Prosecutor representing the respondent-State and perused the record.

3. The petitioner/accused was remanded to judicial custody on 15.11.2018. The allegations levelled against him are that he entered into the room oF the de-facto complainant, who is his step daughter, and made an attempt to fulfil his sexual desires on different occasions. On the basis of the report, dated 15.11.2018, lodged by the de-facto complainant, the instant case is registered and is under investigation. 4, In the course of submissions made on behalf of the petitioner/accused, it is brought to the notice of this Court that the father of the de-facto complainant died in the year 2005. Thereafter, her mother married the petitioner/accused. The other family members of the de-facto complainant, particularly her maternal grand father, are opposing the marriage between the mother of the de-facto complainant and the petitioner/accused.

It is also brought to the notice of this Court that the police concerned, at the instance of the relatives of the mother of the de-facto complainant, harassed the mother of the de-facto complainant. On that, she filed a Writ Petition in W.P.No.38281 of 2018 before this Court against her brother-in-laws, brothers and the police officials. It is also submitted that the signature of the de-facto complainant was obtained on a blank paper by her maternal grand father. It is also brought to the notice of this Court that even the wife of the petitioner/accused has no grievance against the petitioner/accused and that the petitioner/accused is falsely implicated in this case at the instance of the relatives of his wife-Marella Sridevi, who is the mother of the de-facto complainant.

It appears from the record that the material witnesses are examined. There is distance in the submission made on behalf of the petitioner. Under these circumstances, this Court is inclined to grant bail to the petitioner/accused under Section 439 of Cr.P.C. 5, Accordingly, the petitioner/accused is ordered to be released on bail on his executing a personal bond for a sum of Rs.

learned IV Additional Metropolltan Magistrate-cum-IV Additional Junior Civil Judge, L.B.Nagar, Ranga Reddy District. AFter release on bail, the petitio ner/a ccu sed shall report before the Station House Officer, Nacharam Police Station, Rachakonda Commissionerate, on every Wednesday and Sunday between 09:00 AM and 10:00 AM till filinq of the charge-sheet. 6.

The Criminal Petition is, accordingly, allowed. Miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed.

s /-v.suDHA ASSISTANT //TRUE oOPY/ / FOT ASSISTANT REGISTRAR To

1. The IV Additional MM-Cum-IV Additional Junior Civil Judge, L.B. Nagar, Ranga Reddy District, Telangana State

2. The S.H.O.Nacharam Police Station, Ranga Reddy District, Telangana State

3. The Superintendent, Cherlapaili Central Prison, Cherlapalli, Ranga Reddy District . One CC to SRI. Dr CHALLA SRINIVASA REDDY Advocate IOPUC] . Two CC's to Public Prosecutor, High Court of Judicature at Hyderabad (OUT) . One spare copy Avs

HIGH COURT DRSAJ DATED:26/ 12l20la

ORDER

CRLP.No.13220 of2O18 ...d ,i$i BAIL