Allowed

Jatoth Raj Kumar v. The State of Telangana and Another

Telangana HC20 May 2021CRLP/3361/2021

Case brief

AI extract

What is this about?

The High Court of Telangana granted regular bail to the accused in a POCSO case alleging abduction and sexual intercourse, considering his marriage to the victim and cooperation with the investigating officer.

What did the court decide?

The Criminal Petition allowed; petitioner released on bail subject to executing a personal bond of Rs. 10,000/- and appearing every Sunday before the Station House Officer, Nekkonda, till completion o

Jatoth Raj Kumar Vs The State of Telangana… — Child Sexual Offences (POCSO) | Telangana HC (2021)

¶1

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT }TYDERABAD THURSDAY,THE TWENTIETH DAY OF MAYTWO THOUSAND AND TWENTY ONE

¶2

:PRESEM:

¶3

THE HONOURABLE SRJ JUSTICE K.LAKSHMAN CRIMINAL PETITION NO: 3361 OF 2021

¶4

Between:

¶5

Jatoth Raj Kumar, S/o. Seetharam

¶6

Petitioner/Accused I

¶7

AND.

¶8

l. The State ofTelangana and Another, Rep. by its Public Prosecutor, High Court of Judicature For the State of Telangana at Hyderabad.

¶9

1. Kousalya Amgothu, Wo. Bhadru Naik, Aged about 35 years, Indian, Occ. Not known, R/o. Harichand Naik Thand, Nekkonda Village and Mandal, Warangal Rural District.

¶10

Respondent/Complainant

¶11

Petition under Section 437 & 439 of Cr.P.C, praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioner/Accused on bail and release the petitioner/accused in conngction with Crime No. 163/2020 P.S. Nekkond4 Warangal Commissionerate for the offence u/sec. 363, 376 IPC, Sec.5 (1) R/w. Sec.6 of POCSO Act, 2012, in the circumstances of the case and in the interests of.justice.

¶12

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of SRI V YADU KRISHNA SAINATH Advocate for the Petitioner, THE PUBLIC PROSECUTOR for the Respondent No.1 and the Court made the following.

¶13

ORDER

¶14

I r i t

¶15

THE HONOURABLE SRI JUSTICE K. LAKSHMAN

¶16

CRIMINAL PETITION No.336L OF 2O2L

¶17

ORDER:

¶18

This^js an application for regular bail. The petitioner herein is sole accused in Crime No.163 of 2O2O of P.S., Nekkonda. Warangal Corr, rnission erate. The offences alleged against lhe letitLoner hercrn arc under Sections 363, 376 of IPC and Sectiorr 5(1) read r,vith Section 6 of the Protection of (lhildren from Sexual Offences Act, 2OI2 (for short 'POCSO Act').

¶19

I-{etrrcl Sri V. Yadu Krishna Sainath, learned counsel for the petition( r and leanred Pu blic Prosecutor.

¶20

'l'he a.llegarions against the petitioner herein are that lie has promised the victim to marry and with the said promise he has lurecl her sexr-ra1ly. Even in the remand case dairy, it is specificalll' mentioned thart lhe petitioner and the victim got rnarriecl on 03 01.202 1 at Durgamma Temple situated in Osrnania Unrversity Canrpus by tying 'thali' to the victim. In vicri' ol' tl.re said fac,;, this Court vide order dt.30. 04.2O2l I clircr:tecl the petrtioner to lile some document to show that they got married on 03.0 1 .202 1. I:r compliance of the said order, lea:'ned cou:rsel lor the petitioncr filed photographs to show that both the petitioner and the victim got married.

¶21

J \

¶22

Learned Public Prosq:lrt.r on instructior.,r; rvould submit that the Investigating Officer has zrlreadv c(rrnpletecl investigation and charge sheet has to be filed. Flven thr: remand case dairy reveals the said fact

¶23

Considering the above sa.id facts and arlso t he fact that the petitioner is in jail from 19.02.2021, this Court is inclined to grant regular bail to the pr:titioner hr:rein.

¶24

6, Accordingly, the Criminal Petition is allolvecl ancl the petitioner shall be released on bail sub.ject to the following condition s:

¶25

(i) The petitioner shall execnte po'sonal bond [ol a sunr of Rs. 10,000/- (Rupees ten thor-rszrnrl onh') ri'ith ts'o sureties for the like sum each to the satisfact-ion ol thc Special Judge for Trial ol Cases undcl POCSO r\ct-cunr I Additional Metropolitan Sessrons Juclge, Warangal.

¶26

(ii) The petitioner shall appear before the Station House Officer, P.S., Nekkonda, Warangal Commission(:rate, on every Sunday between 10.00 AM and 5.00 PM, till completion of investigation and filing of final report. (iii) The petitioner sha1l cooperate with the Investigating Officer.

¶27

Miscellaneous petitions pcncling, if an1', shall st.r1d

¶28

disposed of. SD/-^K.ONESIM ASSISTANT^REGISTRAR

//TRUE^COPY//

oFFICER SECTI

To'

Avs

HIGH COURT

KLJ

DATED:20l05/2021

ORDER

CRLP.No.336l of 2021

2 0 na,r zut I

BAIL

Jatoth Raj Kumar v. The State of Telangana and Another

Case brief

What is this about?

What did the court decide?

Jatoth Raj Kumar v. The State of Telangana and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Junxin India Technology Private Limited Vs The State of Telangana

M/S Pioneer Infotech Pvt. Ltd. Vs The State of Telangana

M/s Pioneer Financial and Management Services Ltd. Vs The State of Telangana and 2 others

Yedavalli Suresh Vs State of Telangana

Zaheera Begum Vs The State of Telangana

Smt. Mudari Rajamma Vs The State of Telangana