The Court granted anticipatory bail to accused A-2 and A-4 in a POCSO and IPC case where they faced no specific allegations. They must surrender within 15 days and execute a personal bond with sureties.
Petition allowed; petitioners directed to surrender within 15 days and release on personal bond of Rs. 15,000 each with two sureties each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
I3ls8 l
\
w
IN THE HIGH COT]RT FOR THE STATE OF TELANGANA AT H'DERABAD
MONDAY, THE EIGHTH DAY OF OUUO,O*, *-----TWO THOUSAND AND TWENTY ONE
:PRESENT:
THE HON'BLE JUSTICE G.SRI DEVI
CRIN{INAL PETITION }-O: 532 OF 2O2I
Between:
,. 1. Lakka Vasantha. W/o. Late Shanker. ..).Mallarapu Latha, Wio.Mallarapu Nehru.
Pctitioners/Accused No. 2 & 4
ANI)
'fhe State of Telangana. Rep. bi' Public Prosecutor. High Courr. Hl,derabad.
Respondent
Petition under Section 438 of Cr.P.C. praying that in the circumstances slated in the petition and the grounds filed therein. the High Court may be pleased to grant anticipatory bail to the petitioners in the event of thcir arrest in Crimc No. 168/2020 dated 14-12-2020 under Section 366(A), 376(2XnX0, PJw 109 of IPC, Section 4 and l7 of the POCSO Act 2012 on the file of Vemulawada Rural Police Station, Rajanna Sircilla District:
The petition coming on for hearing, upon perusing the Petition and the grounds filed therein, and upon hearing the arguments ofSri Erigi Ganesh, Advocate for the Petitioners, and of the Addl. Public Prosecutor, for the Respondent, the Court made the following.
HoNOURABLE JUSTICE G. SRI DEVI
CITIMINAL PETITION NO.532 OF 2O2I
ORDER:
This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.), is filed by the petitioners/A-2 and A-4, for grant of anticipatory bail in Crime No.168 of 2O2O of P.S. Vemulawa<la, Rajanna Sircilla District, registered for the offences punishable under Sections 366-A, 376(2)(n)(0 and 323 read with Section 109 of the Indian Penal Code and Sections 4 and 17 of the POCS() Act,2012.
Heard the learned counsel for the petitioners/A-2 and A-4, the learned Ad,litional Prosecutor representing the respondentState and perus:d the record.
In the FIR, it is inter alia stated that the de facto complainant gave a complair:.t on L4.12.2020 stating that A-1 induced her and took away to Mumbai and had participated in sexual intercourse with her many times by enticing and making her trust that he love her and would marry her and that A-2 to A-4 supported A- 1 and further they assaulted her with hands. Hence, the complaint.
Learned counsel for the petitioners/A-2 and A-4 would submit that the petitioners are innocent persons and never committed any offence as alleged by the respondent-police. It is further submitt,3d that the petitioners are law-abiding citizens and have nothing t,r do with the alleged offence. Further, they are ready to give sufficient sureties to the satisfaction of this Court to secure their presence on each and every date of hearing to lace the trial and also ready to abide by the terms and conditions if any
2
ffh
that may be imposed by this Court for their release, Hence, he prayed to grant anticipatory bail to the petitioners/A-2 and A-4.
Learned Additional Public Prosecutor representing the respondent-State opposed to grant anticipatory bail to the petitioners/A-2 and A-4.
Having regard to the facts and circumstances of the case and as there are no specific allegations against the petitioners/A-2 and A-4, this Court is inclined to grant anticipatory bail to the petitioners/A-2 and A-4 on some conditions.
Accordingly, the Criminal Petition is allowed and the petitioners/A-2 and A-4 are directed to surrender before the Station House Officer, Vemulawada, Rajanna Sircilla District, within a period of 15 days from the date of this order. On such surrender, the said Station House Officer sha1l release the petitioners/A-2 and A-4 on bail, on their executing personal bond for a sum of Rs. 15,00O/- (Rupees fifteen thousand only) each with two sureties for a like sum each to his satisfaction. On such release, the petitioners/A-2 and A-4 shall abide by the conditions stipulated in Section a38(2) Cr.P.C and co-operate with the investigating officer in investigating the case.
Miscellaneous applications, if any, pending shall stand closed.
Sd/. T.TIRUMALADEVI ASSISTANTREGISTRAR //TII.UE COPY// \ll\2.-
\ll\2.-
T o 2.l. The iil:'d;ffiH;;;Jrn'o, JudicialFirst Class Magistrate' Vemulawada' "r's v'mulawada'Rajanna Karimna'gar SircillaDistrict' District''- at Hyderabad(oUT)' -). Two ccsto publicprosecuto., ilg't c"rn "rrelangana, 4. "r"CCi"Sri E.Ganesh'Advocate (OPUC) --' 5. One SparecoPY .---
-." Bl
-,tb
{'
HIGH COUR T
GSD.J
DATE:8-2-2021
OITDER
CR.L.P. NO. 532 C)r 2021
PETITION ALLoW'EI)
' :r I ,!
tsgy
3 issues framed by the court
Whether anticipatory bail should be granted to the petitioners under Section 438 Cr.P.C. in light of the specific allegations in the FIR against them.
Whether the petitioners are entitled to bail on personal bond with sureties without specific charges against them.
Whether conditions such as surrender within a specified period and cooperation with the investigation are sufficient for release on bail.
2 provisions across 1 enactments
Lakka Vasantha
Mallarapu Latha
State of Telangana
G. Sri Devi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
