Allowed

Patibandla Jaya Raju, v. The State of A.P.

Telangana HC10 Nov 2017CRLP/8440/2017

Case brief

AI extract

What is this about?

The High Court allowed a bail petition filed under Sections 437 and 439 Cr.P.C. by an accused in a case involving offences under Section 376 IPC and Section 4 POCSO. The victim was 16 years old. The Court granted bail but imposed strict conditions including a non-residence order for six months.

What did the court decide?

Acquitted Accused released on bail with personal bond of Rs. 10,000 and two sureties; directed not to enter his village for six months.

Patibandla Jaya Raju, Vs The State of A.P. — 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

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FRIDAY, THE TENTH DAY OF NOVEMBER, TWO THOUSAND AND SEVENTEEN

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:PRESENT:

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THE HON'BLE DR. JUSTICE SHAMEEM AKTHER

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CRL.P .No. 8440 of 2017

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Between: Patibandla Jaya Raju, S/o. Prasad, aged about 32 years, R/o. Door No. 14-68-40, 9^th Lane, Chandrababu Naidu Colony, Tenali Town, Guntur District.

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..... Petitioner/ Accused

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AND

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The State of Andhra Pradesh, Through SHO, Tenali III-Town P.S., Rep. by the Public Prosecutor, High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh.

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.....Respondent/ Complainant

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Petition under Sections 437 & 439 of Cr.P.C. praying that in the circumstances stated in the petition filed herein, the High Court may be pleased to release the petitioner on bail pending enquiry and trial of the case in FIR No.126 of 2017 of Tenali III-Town Police Station, Guntur District.

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The petition coming on for hearing, upon perusing the Petition filed in support thereof and upon hearing the arguments of Sri K.V.R. Krishna Sharma, Advocate for the petitioner/accused and of the learned Additional Public Prosecutor (AP) for the respondent-State, the Court made the following

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ORDER:

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“Heard learned counsel for the petitioner/accused and learned Additional Public Prosecutor for the respondent State, and perused the record.

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This petition is filed under Section 439 Cr.P.C. for grant of bail to the petitioner/accused in Crime No.126 of 2017 of Tenali III Town Police Station, Guntur District, for the offences punishable under Section 376(2)(i) IPC and Section 4 of POCSO Act.

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The victim is 16 years of age in this case. It is brought to the notice of this Court that charge sheet is filed and the case is committed to the Court of Session and S.C. number is also given. Having regard to the facts and circumstances of the case, the petitioner is required to enter into his defence. Under these circumstances, the petitioner/accused can be enlarged on bail.

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In the result, the petitioner/accused is ordered to be released on bail on his executing a personal bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum each to the satisfaction of the learned I-Additional Judicial First Class Magistrate, Tenali, Guntur. On such release, the petitioner/accused shall not enter into his Village for a period of six months.

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Accordingly, the Criminal Petition is allowed.”

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ASSISTANT REGISTRAR

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//TRUE COPY//

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For ASSISTANT REGISTRAR

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1 The Special Judge constituted under Protection of Children from Sexual Offences Act-cum-I Additional Sessions Judge, Guntur.

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2 The I-Additional Judicial First Class Magistrate, Tenali, Guntur. 3 The Superintendent, District Jail, Guntur.

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4 The Station House Officer, Tenali III-Town Police Station, Guntur District. 5 One CC to Sri K.V.R. Krishna Sharma, Advocate (OPUC)

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

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7 One spare copy.

HIGH COURT

DR.SA,J

DATE: 10-11-2017

ORDER

CRL.P. NO. 8440 OF 2017
DIRECTION

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HIGH COURT

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Nnr Date of Drafting: 14-11-2017

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DR.SA,J

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DATE: 10-11-2017

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ORDER CRL.P. NO. 8440 OF 2017 DIRECTION

Patibandla Jaya Raju, v. The State of A.P.

Case brief

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Patibandla Jaya Raju, v. The State of A.P.

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