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High Court for State of TelanganaCRLP/11664/2017allowed no costs

Ram Chowdary v. The State Of Telangana

2017-12-04Shameem Akther3 pages

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:11664 of 2017 Between:

Ram Chowdary S/o. Gopaiah, aged about 27 years, Occ:Unemployee, R/o. H.No.15-21148/11, Balajinagar, Near YSR Statue, Kukatpally, Cyberabad ..... Petitioner/Accused AND The State of Telangana, through the SHO., Kukatpally P.S., Rep. by the Public Prosecutor, High Court at Hyderabad for the State of Telangana and the State of Andhra Pradesh .....Respondent/Complainant Petition under Section 438 of Cr.P.C., praying that in the circumstances stated in the petition and the grounds filed herein, the High Court may be pleased to direct the release of the petitioner on bail in the event of his arrest in connection with Cr. No. 1266/2017 on the file of Station House Officer, Kukatpally PS, pending enquiry & trail; Counsel for the Petitioner :

SRI V.BRAHMAIAH CHOWDARY Counsel for the Respondent :

ADDL. PUBLIC PROSECUTOR (TS) The Court made the following ORDER:

"This Criminal Petition, under Section 438 of Cr.P.C., is filed by the petitioner/accused, seeking anticipatory bail in the event of his arrest in connection with F.I.R. No.1266 of 2017, on the file of Kukatpally Housing Board Police Station, Cyberabad, registered for the offences under Sections 376, 417, 420 and 506 of I.P.C. Heard the learned counsel for the petitioner/accused, learned Additional Public Prosecutor appearing for the respondent-State, and perused the record. The material on record reveals that there was a physical relationship between the petitioner and the de-facto complainant for considerable period. It is alleged that the petitioner developed the physical relationship with the de-facto complainant on the guise of marrying her. It seems that earlier the de-facto complainant lodged similar report against the petitioner, which was registered as a case in Crime No.576 of 2017 on 14.08.2017 by the Station House Officer, Kukatpally Police Station, Cyberabad and later ended in compromise by quashing the proceedings in Crime

No.576 of 2017 by this Court in Criminal Petition No.8021 of 2017 on 30.08.2017. Thereafter, again, the instant crime is registered and the same is under investigation. Having regard to the nature of allegations made against the petitioner/accused, he can be enlarged on bail on some conditions. Accordingly, the petitioner/accused is directed to surrender before the Station House Officer, Kukatpally Housing Board Police Station, Cyberabad, within 15 days from the date of this order and on such surrender, he shall be released on bail, on his 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 petitioner/accused is directed to attend before the said Station House Officer, on every Sunday between 08:00 and 09:00 a.m. till filing of charge sheet. Further, the petitioner/accused is 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."

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

1. The II Additional Junior Civil Judge cum XIX Metropolitan Magistrate, Kukatpally, Miyapur, Cyberabad.

2. The Station House officer, Kukatpally Housing Board Police Station, Cyberabad.

3. Two CCs to Public Prosecutor, (TS), High Court of Judicature, at Hyderabad (OUT)

4. One CC to Sri V.Brahmaiah Chowdary, Advocate (OPUC)

5. one Spare Copy

HIGH COURT Ab Drafted on 6-12-2017 DR.SA,J DATE: 04-12-2017

ORDER

CRL.P. NO. 11664 OF 2017 DIRECTION