High Court granted anticipatory bail to three accused persons involved in a POCSO case. Court directed surrender within 15 days, executed personal bond with sureties, and ordered fixed weekly attendance at police station.
Anticipatory bail granted; surrender within 15 days; bond of Rs. 10,000 with sureties; weekly attendance at police station.
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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 :
THE HONOURABLE DR JUSTICE SHAMEEM AKTHER
CRLP .No. 11418 of 2017
Between:-
1.Kadamanchi Saraiah, S/o. Pedda Peddulu
2.Kadamanchi Biksham, S/o. Pedda Peddulu 3.Reballe Jampaiah, S/o. Venkataiah
..... Petitioners/Accused Nos. 2, 4 & 5
AND
..1st Respondent/State.
...2nd Respondent/Complainant.
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 released the petitioner on bail in the event of their arrest in Crime No. 145 of 2017 on the file of Mahabubabad Rural Police Station, Mahabubabad District (Warangal District).
The petition coming on for hearing, upon perusing the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri A. Prabhakar Rao, Advocate for the Petitioners and the Addl. Public Prosecutor(TS) for the Respondent No.1-State, the Court made the following
ORDER :-
“Heard learned counsel for the petitioners/A.2, A.4 and A.5, learned Additional Public Prosecutor for the respondent State and perused the record.
This petition is filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioners/A.2, A.4 and A.5 in Crime No.145 of 2017 of Mahabubabad Rural Police Station, Warangal District, for the offences punishable under Sections 448, 376(2)(i) and (n) and 201 IPC and Section 5(j)(l) read with Section 6 of POCSO Act, 2012.
In the course of submissions made by both sides, it has come to light that these petitioners are elders of Budagajangalu community. The daughter of the de facto complainant is aged 14 years and she became pregnant through A.1, who was already married. These petitioners have decided the issue. The de facto complainant did not like the settlement made by the petitioners and she lodged a complaint against A.1 and these petitioners. This case is registered and is under investigation. The allegation is that these petitioners are acted as elders to settle the issue.
Contd.2…
2
Having regard to the nature of allegations and the material collected so far, the petitioners/A.2, A.4 and A.5 are directed to surrender before the Station House Officer, Mahabubabad Rural Police Station, Warangal District, within 15 days from the date of this order. On such surrender, the said Station House Officer shall release the petitioners/A.2, A.4 and A.5 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, A.4 and A.5 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.
In the result, the Criminal Petition is allowed.”
Sd/- T. YAKAIAH, ASSISTANT REGISTRAR
//TRUE COPY//
for ASSISTANT REGISTRAR
To
2.The Additional Judicial First Class Magistrate at Mahabubabad.
3.The Station House Officer, Mahabubabad Rural Police Station, Warangal District. 4.Two CCs to Public Prosecutor(TS), High Court of Judicature at Hyderabad. (OUT)
5.One CC to Sri A. Prabhakar Rao, Advocate(OPUC) 6.One spare copy.
TKK
3
HIGH COURT
DR.SA.J
DT.06-12-2017.
ANTICIPATORY
BAIL ORDER
CRL.P.No. 11418 of 2017
RELEASE THE PETITONERS ON BAI L IN THE EVENT OF THEIR ARREST.
4
DRAFTED BY TKK DT.07-12-2017.
HIGH COURT
DR.SA.J
DT.06-12-2017.
ANTICIPATORY BAIL ORDER
CRL.P.No. 11418 of 2017
RELEASE THE PETITIOENRS ON BAIL IN THE EVENT OF THEIR ARREST.
2 issues framed by the court
Whether to grant anticipatory bail to the petitioners after their surrender in a POCSO case.
Whether bond conditions should be imposed while the petitioners undertake to attend the bail order.
2 provisions across 1 enactments
Kadamanchi Saraiah
Kadamanchi Biksham
Reballe Jampaiah
The State of Telangana
Bongiri Sarojana
SHAMEEM AKTHER
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
