Allowed

Nappari Mounika and Another v. the State of Ts., Rep. by P.P.

Telangana HC6 Dec 2017CRLP/10437/2017

Case brief

AI extract

What is this about?

The High Court allowed an anticipatory bail petition filed by two accused persons in a case involving sexual assault on a minor (POCSO) and other offences under the IPC. The court directed surrender within 15 days and imposed personal bond conditions.

What did the court decide?

Accused Nos. 2 and 3 granted bail on surrender; directed to surrender within 15 days and execute personal bond of Rs. 10,000 each with sureties.

Nappari Mounika and Another Vs the State of… — Child Sexual Offences (POCSO) | Telangana HC (2017)

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

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THE HONOURABLE DR JUSTICE SHAMEEM AKTHER CRLP .No. 10437 of 2017

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Between:1.Nappari Mounika @ Deepika, W/o. Nappari Narsimha @ Naresh 2.Arra Anjaiah, S/o. Ramaiah.

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..... Petitioners/Accused Nos. 2 & 3

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AND

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The State of Telangana, Through SHO, Shadnagr P.S., Mahabubnagar District, Rep. by the Public Prosecutor, High Court of Judicature at Hyderabad..

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...Respondent/Complainant.

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Petition filed under Section 438 of Cr.P.C. praying that in the circumstances stated in the petition and grounds thereof, the High Court may be pleased to enlarge the Petitioners/Accused Nos. 2 and 3 on bail in the event of their arrest in F.I.R.No.441 of 2017, P.s. of Shadnagar, Mahabubnagar District, pending investigation and trial in the interest of justice.

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The petition coming on for hearing, upon perusing the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri Dadi Radha Krishna, Advocate for the Petitioners and the Addl. Public Prosecutor(TS) for the Respondent-State, the Court made the following ORDER :-

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“Heard learned counsel for the petitioners/A.2 and A.3, learned Additional Public Prosecutor for the respondent State and perused the record.

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This petition is filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioners/A.2 and A.3 in Crime No.441 of 2017 of Shadnagar Police Station, Mahabubnagar District, for the offences punishable under Sections 376(2)(f)(i) and (n), 417, 420, 323 and 506 IPC and Section 3(a) read with Section 4 of the Protection of Children from Sexual Offences Act, 2012.

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The material on record reveals that on 06.08.2017 at 19:00 hours, the mother of the victim lodged a report to the police stating that the victim Anusha, who is aged 14 years, is her daughter and she was sexually assaulted by the husband of the petitioner/A.2. The husband of the petitioner/A.2 wanted to marry Anusha. The same was questioned by the petitioners herein. It is alleged that the petitioners have quarreled and beaten Anusha and others. The allegations with regard to these petitioners are yet to be established during the course of trial.

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Having regard to the nature of allegations, the petitioners/A.2 and A.3 are directed to surrender before the Station House Officer, Shadnagar Police Station, Mahabubnagar District, within 15 days from the date of this order. On such surrender, the said Station House Officer shall release the petitioners/A.2 and A.3 on bail, on each of them executing a personal bond of Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum each to his satisfaction. On such release, the petitioners/A.2 and A.3 shall abide by the conditions mentioned in Section 438(2) Cr.P.C. Further, they shall attend before the said Station House Officer on every Sunday between 9.00 and 10.00 a.m. till filing charge sheet.

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In the result, the Criminal Petition is allowed.”

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Sd/- U. SIVA LEELA, ASSISTANT REGISTRAR

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//TRUE COPY//

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for ASSISTANT REGISTRAR

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Contd..2..

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To 1.The I Additional Sessions Judge, Mahabubnagar. 2.The Additional Judicial First Class Magistrate at Shadnagar. 3.The Station House Officer, Shadnagar Police Station, Mahabubnagar District. 4.Two CCs to Public Prosecutor(TS), High Court of Judicature at Hyderabad. (OUT) 5.One CC to Sri Dadi Radha Krishna, Advocate(OPUC) 6.One spare copy.

TKK

HIGH COURT

DR.SA.J

DT.06-12-2017.

ANTICIPATORY
BAIL ORDER
CRL.P.No. 10437 of 2017

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RELEASE THE PETITONERS/ACCUSED 2 & 3 ON BAI L IN THE EVENT OF THEIR ARREST.

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DRAFTED BY TKK DT.07-12-2017.

HIGH COURT

DR.SA.J

DT.06-12-2017.

ANTICIPATORY BAIL ORDER CRL.P.No. 10437 of 2017

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RELEASE THE PETITIOENRS/ACCUSED 2 & 3 ON BAIL IN THE EVENT OF THEIR ARREST.

Nappari Mounika and Another v. the State of Ts., Rep. by P.P.

Case brief

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Nappari Mounika and Another v. the State of Ts., Rep. by P.P.

Case brief

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