Thimmagalla Srinadh v. The State Of Telangana

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY , THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND SEVENTEEN :PRESENT:

THE HON'BLE SMT JUSTICE T. RAJANI CRLP .NO:12424 of 2017 Between:

Thimmagalla Srinadh, S/o. Narsimha, ..... Petitioner/Accused AND The State of Telangana, through rep. by Public Prosecutor, High Court of Judicature at Hyderabad for the state of Telangana and the state of Andhra Pradesh.

.....Respondent/Complainant Petition under Sections 437 and 439 of Cr.P.C praying that in the circumstances stated in the memorandum of grounds filed herein, the High Court may be pleased to enlarge the Petitioner/Accused on bail in Crime No. 236/2017 of Kandukur PS., The petition coming on for hearing, upon perusing the Petition and the memorandam of grounds filed in support thereof and upon hearing the arguments of SRI.G.V.L.MURHTY Advocate for the Petitioner and Public Prosecutor (TG) for Respondent, the Court made the following: ORDER:

This Criminal Petition is filed seeking for grant of bail to the petitioner, who is accused in Crime No.236 of 2017 on the file of Kandukur Police Station, Rachakonda, Ranga Reddy district.

2. The offences alleged are under Sections 417 and 376 of I.P.C.

3. Heard the learned counsel for the petitioner, learned Public Prosecutor appearing for the respondent-State, and perused the record.

4. Learned counsel for the petitioner submits that the petitioner has been in jail since 23.11.2017, the entire investigation is completed and the statements of all material witnesses were recorded. The statement of the victim, recorded by the Police, is furnished by the Public Prosecutor; wherein she stated that the accused has followed her and she contended that he is in love with her and later she also agreed for the same.

Hence, prima-facie, the element of consent seems to be there in the whole episode.

5. However, considering the submission of learned counsel for the petitioner that the petitioner has been in jail since 23.11.2017, this Criminal Petition is allowed.

6. Accordingly, the petitioner/accused is directed to be enlarged on bail, on his executing a personal bond for a sum of Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the XXVI Metropolitan Magistrate, Rachakonda at Maheswaram, Ranga Reddy district.

Accordingly, with the above observation, the Criminal Petition is allowed. As a sequel, the miscellaneous applications, if any pending, shall stand closed.

ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To

1. XXVI Metropolitan Magistrate, Rachakonda at Maheswaram, Ranga Reddy District.

2. The IV Additional Metropolitan Sessions Judge, At L.B.Nagar, Ranga Reddy District.

3. The Station House Officer, Kandukur Police Station, Ranga Reddy District.

4. The Superintendent, Central Prison, Cherlapally Jail, Ranga Reddy District.

5. Two CCs to the Public Prosecutor (TG), High Court at Hyderabad (OUT)

6. One CC to SRI G V L MURHTY, Advocate (OPUC)

7. One spare copy

HIGH COURT TR,J DATED: 26.12.2017 CRL.P.NO.12424 OF 2017 BAIL

TRk dated: 26.12.2017 HIGH COURT TR,J DATED: 26.12.2017 CRL.P.NO.12424 OF 2017 BAIL