IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND FOURTEEN Between:
:PRESENT:
THE HON'BLE DR. JUSTICE K.G.SHANKAR CRL.P. NO:4259 of 2014 A.Shyam Kumar, S/o. Devaraj, AND . Petitioner/Accused The State of A.P., Rep., by Public Prosecutor, High Court, Hyderabad . Respondent Petition under Sections 437 & 439 of Cr.P.C., praying that in the circumstances stated in the petition and the grounds filed herein, the High Court may be pleased to enlarge the petitioner on bail in Crime No.4/2014 of Police Station II Itikyala, Mahaboobnagar District.
The petition coming on for hearing, upon perusing the petition and the grounds filed herein and upon hearing the arguments of Sri Harinath Reddy Soma, Advocate for the Petitioner and of the Public Prosecutor for the Respondent, the Court made the following.
ORDER:
“The petitioner seeks for grant of bail. He allegedly committed offences under Sections 417, 376 and 312 IPC as well as under the provisions of the Protection of Children from Sexual Offices Act.
The learned counsel for the petitioner submitted that even according to the complaint, the de-facto complainant was 19 years old and that consequently, the provisions of Protection of Children from Sexual Offences Act is not attracted. That apart, the learned counsel for the petitioner submitted that the petitioner and the de-facto complainant were in love with each other and that the de-facto complainant was subsequently given in marriage to a third person. He contends that the complaint is false and the petitioner is falsely implicated in the case.
As many as 18 witnesses have already been examined by the investigating agency. In view of the nature of the defence and in view of the stage of the investigation, I consider it appropriate to enlarge the petitioner on bail.
Accordingly, this Criminal Petition is allowed. The petitioner is enlarged on bail on a personal bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties in a likesum to the satisfaction of the learned Judicial Magistrate of First Class, Alampuram, Mahaboobnagar District.”
//TRUE COPY// To ASSISTANT REGISTRAR For ASSISTANT REGISTRAR
1. The Judicial Magistrate of First Class, Alampuram, Mahaboobnagar District
2. The Superintendent, Sub Jail, Mahaboobnagar
3. The Station House Officer, Itikyal Mandal Police Station, Mahaboobnagar District
4. Two Ccs to Public Prosecutor, High Court of A.P., Hyderabad (OUT)
5. One CC to Sri Harinath Reddy Soma, Advocate (OPUC)
6. One Spare Copy HIGH COURT AB DRAFTED ON 17-4-2014 DR.KGSJ DATE: 17-4-2014 ORDER CRL.P. NO. 4259 OF 2014 BAIL