Gopi Shanker v. The State Of Telangana
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY, THE TWENTIETH DAY OF DECEMBER, TWO THOUSAND AND SEVENTEEN : PRESENT:
THE HON'BLE DR JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No. 12354 of 2017 Between:
Gopi Shanker, S/o. Gopi Baga Reddy Petitioner (Accused in Cr.No.85/2017 of P.S.Neradigonda) AND The State of Telangana, through SHO, P.S. Neradigonda, Adilabad District, rep. by its Public Prosecutor, High Court of Judicature at Hyderabad. Respondent/Complainant Petition under Sections 437 & 439 of Cr.P.C. praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to enlarge the Petitioner/Accused on bail who is in jail in connection with Cr.No. 85 of 2017 of P.S.Neradigoda, Adilabad District, on such terms and conditions. The Petition coming on for hearing, upon perusing the petition and the grounds filed herein and upon hearing the arguments of Sri S.Surender Reddy, Advocate for the Petitioner and of the Addl. Public Prosecutor (TG) for the Respondent, the Court made the following ORDER:
" This petition is filed under Section 439 Cr.P.C. to grant bail to the petitioner-accused for the offences alleged under Sections 366-A, 344, 376 (2) (n) IPC and 6 of POCSO Act, 2012.
2.
Heard learned counsel for the petitioner-accused, learned Additional Public Prosecutor representing the State and perused the record. 3.
Learned counsel for the petitioner-accused would submit that the petitioner-accused is an innocent person and falsely implicated in this case. 4.
On the other hand, learned Additional Public Prosecutor opposed the grant of bail to the petitioner-accused.
5.
The material placed on record reveals that the victim-Solanki Rajitha, aged 17 years was given in marriage to a person belonging to her village. Even then, her relationship with the petitioner-accused is continued. Thereafter, the petitioner-accused said to have forcibly taken her on 15.07.2017. Thereafter, the victim was traced on 06.10.2017. As per the record, the victim-Solanki Rajitha is already married woman. Her correct age is required to be ascertained. The petitioner-accused was remanded to judicial custody on 10.10.2017. 6.
Having regard to the nature of allegations and the material collected so far, the petitioner-accused can be enlarged on bail under Section 439 Cr.P.C. 7.
In the result, the petitioner-accused is ordered to be released on bail on his executing a personal bond for Rs.10,000/- (Rupees ten thousand only) with two sureties each in a like sum to the satisfaction of Judl. Magistrate of I Class, Boath, Adilabad District. On release, the petitioner-accused shall attend before the S.H.O. concerned on every Sunday between 9.00 A.M. and 10.00 A.M., till filing of charge sheet.
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8.
Accordingly, the Criminal Petition is allowed." ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To
1. The I Additional Sessions Judge (Designated under Protection of Children from Sexual Offences Act, 2012), Adilabad.
2. The Judicial First Class Magistrate at Boath, Adilabad District.
3. The Superintendent, District Jail, Adilabad.
4. The SHO, Neradigoda Police Station, Adilabad District.
5. Two CCs to the Public Prosecutor (TG), High Court, Hyd(OUT)
6. One CC to Sri S.Surender Reddy, Advocate(OPUC)
7. One spare copy.
SAH
HIGH COURT Dr.SAJ DATED: 20-12-2017
ORDER
CRL.P.NO. 12354 OF 2017 BAIL GRANTED
DRAFTED BY: SAH APPROVED BY:
DRAFTED ON: 20-12-2017 HIGH COURT Dr.SAJ DATED: 20-12-2017
ORDER
CRL.P.NO. 12354 OF 2017 BAIL GRANTED