Allowed

Jatoth Dayakar v. State of Telangana

Telangana HC23 Sept 2023CRLP/8744/2023

Case brief

AI extract

What is this about?

The court granted regular bail to the accused in a case under IPC and POCSO. Since the investigation was substantially complete and the victim had consented according to the remand report, bail was allowed with conditions including financial bond, appearance before SHO, and prohibition on contacting the victim.

What did the court decide?

Regular bail granted subject to bond with sureties, appearance before SHO, and prohibition on contacting the victim.

Jatoth Dayakar Vs State of Telangana — Child Sexual Offences (POCSO) | Telangana HC (2023)

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THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.8744 OF 2023

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ORDER:

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This Criminal Petition is filed under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short “Cr.P.C”) seeking regular bail to the petitioner/Accused in

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Crime.No.116 of 2023 on the file of

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Nellikudur Police Station, Mahabubabad, registered for the offences under Sections 366, 376 (3), 376 (AB) and 506 of IPC, Section 5 (m) r/w.6 of POCSO Act, 2012.

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Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent-State and perused the record.

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The petitioner was arrested on 22.07.2023 on the basis of the complaint filed by the mother of the victim girl. It is alleged in the complaint that the victim girl who was aged around 16 years was missing from her house on 19.07.2023 and came back on the next day. When enquired with the victim girl, she stated that she went along with this petitioner to his house. In the house, the

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petitioner had sexual intercourse with the girl and also threatened not o disclosed the matter to anyone. From there, the victim girl was taken to temple and stayed there till morning of 20.07.2023. Thereafter, she was dropped at her residence.

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Learned counsel for the petitioner submits that the entire investigation is complete and even according to the remand report, the victim girl had gone to the petitioner on her own consent.

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As seen from the remand report, since nearly 13 witnesses are already examined and major part of the investigation is complete, the petitioner can be granted the relief of regular bail, subject to following conditions:

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i) The petitioner/Accused shall execute personal bond for a sum of Rs.25,000/- (Rupees Twenty five thousand only) with two sureties, for a like sum each to the satisfaction of Principal District and Sessions Judge, at Mahbubabad.

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ii) The petitioner/Accused after release shall appear before the concerned Station House Officer on every Monday for a period of eight weeks at 10.00 AM

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and thereafter as and when required, for the purpose of investigation.

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iii) The petitioner/Accused shall in any manner try to contact the victim girl or her relatives, failing which, the Police are at liberty to seek cancellation of bail granted.

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(iv) The petitioner/Accused shall abide by the other conditions stipulated under Section 437(3) of Cr.P.C.

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Accordingly, this Criminal Petition is allowed.

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Miscellaneous applications, pending if any, shall stand closed.

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_________________ K.SURENDER, J

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Date: 23.09.2023 dv

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THE HON’BLE SRI JUSTICE K.SURENDER

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CRIMINAL PETITION NO. 8744 OF 2023

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Dt.23.09.2023

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Jatoth Dayakar v. State of Telangana

Case brief

What is this about?

What did the court decide?

Jatoth Dayakar v. State of Telangana

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

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