The Single Judge dismissed a bail petition filed by the accused under Sections 437 and 439 Cr.P.C., holding that the case was not fit for bail due to grave allegations of sexual assault, violation of bail conditions via GPS tracking, and involvement of a minor.
Petition to enlarge bail dismissed with miscellaneous applications closed.
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.
IN THEHIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
MONDAY,THETWELFTH DAY OF FEBRUNRY TWO THOUSANDANDTWENTY FOUR
PRESENT
THE HONOURABLEDR. JUSTICE G.RADHARANI
CRIMI NALPETITIo NO:'1269 oF 2024
Between:
Amoothu Vinod,,S/o Dasru, Aged about 27-years'.9ccyll.egr.c Medicine $ii";.'i/"ili;;;b"rivr-nrnoi, ini,,kondaMindal'Karnool District'
...Petitioner/Accused
AND
The State of Telangana,,rep' by its PublicProsecutor' High Court' Hyderabad Through SHO,Dindi Police Station
...ResPondenUComPlainant
Petition under Section4371439 of Cr'P'C prayingthat in the circumstances stated in theMemorandumof Groundsof Criminal Petition'the HighCourt may ;;;;";; io enlarge thePetitioner /Accused-Son bail in SC No 40 of 2023on g*iir" "rin. I Addl: DistrictanO Sessions Judge Court at Nalgondaarisingout of ciNo. S+ or zo23on the tire oi tne p.s Dindi, NalgondaDistrict in the interest of justice.
This Petition comingon for hearing, upon perusingthe Memorandumof Grounds of CriminalPetition and upon hearing the argumentsof Sri Abu Akram (FoTTSWB),AdvocateforthePetitionerandthePublicProsecutoronbehalfof the soleResPondent.
The Court made the following:ORDER
THE HONOURABI.E DR.JUSTICEG.RADHARANI
CRIMINAL PETITIONNo.l269 of 2024
ORDER:
This Criminal Petition is filed by thepetitioner-accused under Sections 437 and 439 olCodeofCriminalProcedure,1973 (for short, 'Cr.P.C.') to enlargethe petitioner-accusedon bail in S.C.No.40 of 2023 on the llle ol the I AdditionalDistrict and Sessions Judge, Natgonda arising out o1'Crinrc No.54 ol2022 of P.S. Dindi, registered for the offences under Sections 36i,366-4, 3a2,376(2)(n) and 506 of IPC and Section 5( I ) rcadwith oof Protectionol Children from Sexual Offences Act,2012(lbr sholt.'POCSOAct').
2
DrGRR l Crl.P No 1269 01"2024
F
collusion with the defacto-complainant intentionally filed
Crl.M.P.No.62l of 2023 lor cancellation of the bail. The trial court cancelled the bail granted to the petitioner by an order dated 01.09.2023 and confined the petitioner in District Jail. The defacto-complainant bore grudge against the petitioner and lodged another case against the petitioner vide Crime No. I l8 of 2023 for similar offences. The accused was a rnarried person having a child and his wife was carrying 9th month pregnancy and prayed to enlarge the petitioner on bail
3
Dr GRR.J Crl I' No1269of2024
anotherdaughterwasalsovictimizedinthehandsofthepetitionerand the order of thetrial courl i.e., I Additional f)istrictand Sessions Judge, Nalgonda inCrt.M.P.No.380 of 2023 in CrirncNo'54 of 2022 would' disclose thatthe petitioner lailed to complythe conditions and did not appear beforethe StationI"lousc Olllccr and his catl data, locationand GD entrieswere disclosing his prescnce clseu,here,it is considered not a
fit case forgrant of bail to the petitioner'
Miscellaneousapplications' ilany,pending, shallstand closed'
sdt- P gtr!+fffiHHSIHiA'r //TRUE COPY// ( ,' g
-',i-!::;1 ...-i.4ri ' l*:
SECTIONOFFICER
to', . ,n" Additional Judicial First class Magistrate' Devarakonda' ;. +i;;'sirii;;Houseofricer'Dindi Policestation''Nalsonda' 3. OneCC to Sri' Abu nLi"|.i'ltSC f On TSWB)'Advocate [OPUC] 4. Twoccs to the pubtic p?o"lr"rtor,Higr,courtfor the state of Telangana tourl
SR/kam %tk
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I I i I I I t ! I
HIGH COURT DATED:12l0212024
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ORDER
CRLP.No.1269ot 2O24
CRIMINAL PETITIONIS DISMISSED
&9
1 issue framed by the court
Whether bail should be granted to an accused involved in aggravated penetrative sexual assault against a minor who failed to comply with bail conditions.
4 provisions across 3 enactments
Amoothu Vinod Dasru
State of Telangana
DR. JUSTICE G. RADHARANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
