Gundu Yegonda v. The State Of Telangana

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER Cr im in al Pet it ion No.1 3 8 3 1 of 2 0 1 8 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 Crime No.115 of 2018 of Kulcharam Police Station, Medak District, registered for the offences punishable under Sections 376, 420 & 493 of I.P.C.

2 .

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

3 .

The learned counsel for the petitioner/ accused would submit that there was love affair between the de-facto complainant, who is the victim, and the petitioner/ accused. There was no promise of marriage. All the allegations levelled against the petitioner/ accused in the report, dated 13.11.2018, lodged with the police concerned are false and ultimately prayed to allow the application.

4 .

On the other hand, the learned Additional Public Prosecutor opposed for grant of bail to the petitioner/ accused. 5 .

The material placed on record reveals that the de-facto complainant, who is the victim in this case, lodged a report, dated 13.11.2018 with the police concerned stating that she is having a kirana shop at Venkatapur village, Kulcharam Mandal, Medak District, and she is also doing tailoring work in their shop.

The petitioner/ accused used to come to their shop, talk to her and developed friendship. Thereafter, under the guise of marriage, he committed sexual acts against the de-facto complainant for five to six times. When the petitioner/ accused was asked in the presence of elders to marry the de-facto complainant, he refused to marry her. There is specific mention in the report lodged with the police concerned with regard to the sexual acts committed by the petitioner/ accused on the de-facto complainant, under the guise of marriage. There is also allegation of forcefully committing sexual acts on the de-facto complainant by the petitioner/ accused. The allegations relate to the heinous offence of rape. The punishment prescribed for the alleged offences is stringent. Investigation is in progress. Release of the petitioner/ accused on bail at this stage would hinder the investigation. The Criminal Petition is devoid of merit and is liable to be dismissed.

6 .

In the result, the Criminal Petition is dismissed. Miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Dr . SHAMEEM AKTHER, J 03rd January, 2019 Bvv