Allowed

N.Narasimhulu, v. State by Station House Officer

Telangana HC27 Sept 2018CRLP/9907/2018

Case brief

AI extract

What is this about?

The High Court granted regular anticipatory bail to a petitioner accused of child sexual offences under the POCSO Act and IPC. The court imposed strict conditions including regular reporting, non-interference with witnesses, and submission of a self-bond with sureties, balancing liberty against the gravity of the allegations.

What did the court decide?

Bail granted to the petitioner with conditions including self-bond of Rs. 50,000 with two sureties, regular reporting to SHO, prohibition on leaving the state, and furnishing address/property details.

N.Narasimhulu, Vs State by Station House… — Child Sexual Offences (POCSO) | Telangana HC (2018)

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HIGH COUFT^OF JUDICATURE^{AT HYDERABAD} FOR THE STATE^{OF TELANGANAANDTHE STATE OF ANDHRAPRAOESH}

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THURSDAY, THE TWENTY SEVENTH^{DAY OF SEPTEI\4BER,TWO THOUSAND} AND EIGHTEEN' I PRESENT :

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THE HONOURABLE^{DR JUSTICEB. SIVA SANKARARAO '}

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CRLP.No. 9907 of 2018 -

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Between:-

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N. Narasimhulu, S/o.^Narayana.

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..... Petitioner/Accused No.^1.

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AND

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State by Station House Officer,^lV Town^{Police Station, Anantapuramu,} Rep. by Public Prosecutor, For the State of Andhra^{Pradesh, High Court of} Judicature at Hyderabad, For the State^of Telangana^{and the State of} Andhra Pradesh.

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.....Respondent

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Petition filed under Section 438 of Cr.P.C.^praying that in the circumstances

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stated in the Grounds of Criminal Petition, the High Court may be^pleased to enlarge

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the petitioner/accused No.1 on bail in the event of his arrest in connection in Cr.No.

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214 ol 2017 on the file of the Anantapuramu lV Town Police Station, Anantapuramu

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District.

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These petition coming on for hearing, upon perusing the memorandum of

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grounds flled in support thereof and upon hearing the arguments of Srl O. Manohar

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.Reddy,^{Advocate for the Petitioner and of Publicprosecuto(Ap)on behalfof}

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Respondent-State, the Court made the following

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ORDER :-

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HONOTIRABLE Dr. JUSTICE B.SM SANKARA RAO

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Criminal Pctition No.9907 OF 20r8

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ORDER:

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The petitioner is Al among two accused in Crime No.214 of 2017 on the flle of Anantapuramu IV Town police Station, Anantapuramu District. The crime is registered for the offences punishable under Sections 366, 323, 506 r/w 34 IPC and Section 8 of the Protection of Children irom Sexual Offences Act,2012 (for short, 'the Pocso Act').

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Heard the leamed counsel for petitioner and the leamed Special Assistant Public Prosecutor representing the State of Andhra Pradesh in opposing the same and perused the F.l.R., the bail application averrnents and the case diarv.

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Even lrom the repoft and the dismissal order of the anticipatory bail of petitioner passed by the learned I Additional Sessions Judge, Anantapuramu in Cr1.M.P.No.548 of 2018 dated 10.09.2018 with observation of there is likelihood of threatening the witnesses and tampering the eviclence and thereby, not inclined to^grant anticipatory bail. From perusal of the F.l.R. and the case ciiary,^the only^allegation against the petitioner-A I is he is uncle by courtesy^{to 42, the main} accused, and the allegation is against ,A2 of^{he is with a false pretence} taken the victim minor girl to Bangalore and^{kept in wrongful} confinement and in the way administered^{the cool drinkwherehe} mixed some intoxicated substance r.vhich she^{not realised and after}

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Dr. SSRB,^. Crl.P.No.9907^{of 201E}

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regained the conscious^{she was noticed lying in unknown place within} the wrongful confinement^{in a room and somehow afler A2 was not} ther.eforhergivingsignalstheneighboursopenedtl-redoorandshe fled away to her^{relativeshouse at Bangalofeand infonnedto her} parents and her father.^{when the father of de} facto^{complainantasked} Ai about A2, Al revolted^{on the father of de} facto^{complainant'It is} the only allegation against^{the petitioner-A1.The main allegation is} against ^A2 and the F.I.R.^{alsosl.towsif at all father of A2 there, but} for the statement of^{victirnagainsaying the t'atherof .A2 was not there} at the time of taking her frorn^hostel.

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Taking into consideration ofthe above^{facts, as it is the duty of} Court to balance the personal libefty with^{propensityof crime,} anticipatory bail is granted to the petitioner-A l with the^following conditions:

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[]^{Petitioner-Al shallwithin fifteen (15) days fromtoday} submit before the S.H.O. concerned and execute a self--bond for Rs.50,000/- [Rupees fifty thousand only] with two sureties for like sum each to the satislaction of the anesting authority, otherwise giving iiberty to the petitioner to submit within said 15 days from now before the Judicial Magistrate of First Class having the^{jurisdiction,} for taking to custody and to enlarge as above. The bond to be obtained is not only to appear before the Court pending investigation and after filing of final report in the form of charge sheet or the like for enquiry or pre-committal enquiry before said Court, but also thereafter on committal before the Court of Sessions or by virtue of any transfer of proceedings.for want of jurisdiction or otherwise before any

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Crl.P.No.9907 of 20 t8

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other Couft and even after trial before such Court to appear before revisional or appellate Court or other superior Court _ vide decision - Pre-Legal Aid Committee, Jamshedpur vs State of Delhi 1982[2jAPLJ a3(SC); so that at stage of committal or other proceedings obtaining of fresh bond from accused and even affidavits of sureties of bonds and solvency earlier produced are ratifying and in existence and enforceable, without even insisting his further presence, serues the purpose. Such recourse quickens the proceedings at such cornmittal or other stages without loss of time and it also to some extent complies with the requirement of Section 437A Cr.P.C.

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[2]^{Petitioner-Al shall report beforethe Station House} Officer, concerned on every Sunday and Wednesday till filing of the charge sheet and thereafter once in a rnonth on 1" Sunday till completion of trial/enquiry between 10.00 and 11.00 AM for assurance of his availability and non-interference in any manner with the witnesses.

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[3]^{Petitioner-A1 shall not enter the area where the victim} and witnesses reside, until further orders being passed by the learned Magistrate relaxing the same empowering him by virtue of this order.

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[4]^{Petitioner-Alshallattendbeforethe Court of law} regularly in enquiry and trial without fail, if not his bail shall be cancelled forthwith, without any furlher order so that, the Magistrate can also issue NBW by cancelling the bail from the power under section 439 12) Cr.P.C. delegated to the leamed Magistrate by this order during pendency of^proceedings before the Magistrate.

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[5]^{Petitioner-Aishall not leave the Statepending} enquiry/trial without prior permission of the Court^{of concerned} Magi stratc/trial Judge.

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Dr. SSRB, . Crl.P.No.9907^{of 2018}

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[6]^{Petitioner-A1s1'rall furnish his full addresswith} property and Bank Account^{particularsand submithis passport if} any, after enlargement^{of bail or.r the next hearing datebefore the} Magistrate Court concerned^{(for collecting by policeas part of} their duty to investigate-also^{the meansof accused and to furnish} the same in the final^{report of investigatior.rto enable the trial} court in the event of^{considering the need of awarding} compensation under section^{357 Cr.P'C.So to award ll-om such} material and evidence, apaft fi'om^{securingpresence and} obtaining of bond with sureties^{under section437A Cr'P.C. etc'),} failing which it is open to the^{learned Magistrate concerned by} virtue of the power conferred by this^{orderto cancel the bail'}

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[7]^{In the evelt of the police making out a case for police} custody for the purpose of intemogation,^{the petitioners shall be} liable to be taken in police custody for lacilitating the fufther investigation remained if any, with the permission of tlie Magistrate concerned who can grant such police custody within 15 days from today, not exceeding 12 hours in tlie presence ofa male member, subject to necessary precautions and instructions as per the constitutior..al bench expression of the Apex Court in guideline No.iv in Gurbaksh Singh Sibbia Vs. State of Punjabr.

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[8]^{The bail nowgranted is since a regular one till end of} trial (without prejudice to the right to cancel meanwhile in case of need and/or for non-compliance of conditions supra) any absence of petitioner as accused for heariny'enquiry or trial, issuance of non bailable warrant-NBW (unless cancelled before execution) and even its execution and production of accused as per the NBW; that does not tantarrount to cancellation of bail including from the wording of Sec.439(2) Cr.P.C. and as such in such event no fresh bail application can be entertained. As it

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' 1t9ao1z^{scc oss}

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Dr. SSRB, J Crl.P.No.9907 of 2018

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tantamounts to only cancellation of bail bonds earlier executed, (leave about the power of the court to issue surety notices by forfeiting bonds and for imposing penalty on the bonds forfeited); the proper course is to direct the accused to work out the remedy to pay penalty on the previous forfeited bonds as per Section 441 to 446 Cr.P.C. and to submit fresh solvency with self bond for enlarging him by release from custody on payment of penalty of the earlier bonds forfeited without need of enforcing against earlier sureties again. \

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Sd/-^{CH.VENKATESHWAR} ASSIST^{ANT REGISTRAR}

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//TRUE COPY/i

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for ASSISTANT EGISTRAR

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1.The I Additional^{Sessions Judge, Anantapuramu} Z.fn" Srulion^{HouseOfficer, lV iown PoliceStation'Anantapuramu District'} i.r*" cci^{to the PublicProsecuto(AP), Highclurt^atHyd (ouT)'} a.One CC to^{Sri O. ManoharReddy' Advocate(OPUC)}

5-One sPare^coPY.

TKK

HIGH COURT

I)R.SSRI].J

DT.27-0q-20I tt.

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