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Crl MP No 256 of 2020 in Crime No 82 of 2020 Kamanpur

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Crl MP No 256 of 2020 in Crime No 82 of 2020 Kamanpur 1 IN THE COURT OF THE Spl. SESSIONS JUDGE FOR ATROCITIES AGAINST WOMEN -cum- VII ADDL. DISTRICT AND SESSIONS JUDGE, KARIMNAGAR PRESENT:SMT. D. MADHAVI KRISHNA, IV Additional Sessions Judge, Karimnagar. FAC: VII Addl. Sessions Judge, Karimnagar TUESDAY, the 18 th day of AUGUST, 2020 CRIMINAL MISCELLANEOUS PETITION No. 256/2020 IN CRIME NO. 82 of 2020 OF Kamanpur P.S Between: 1. Merugu Srikanth, S/o.Machaiah, Aged:24 years, Padmashali, Occ: Motor Winding, R/o. H.No.3-59/2, Sabbitham village, Peddapalli Mandal. 2. Merugu Srinivas, S/o. Machaiah, Aged:26 years, Padmashali, Occ: Sub Station Operator, Kataram, R/o. H.No.3-59/2, Sabbitham village, Peddapalli Mandal. 3. Midivelli Raghu, S/o. Shankaraiah, Aged:28 years, Munnurukapu, Occ: Builder, R/o. H.No.2-60/2, Rompikunta village, Kamanpur mandal. ….Petitioner/A1 to A3. And The state through the S.H.O, P.S, Kamanpur. ….Respondent/Complainant. PETITION FILED UNDER SECTION 439 OF CR.P.C. This petition is coming before me today for hearing in the presence of Sri E. Madhusudhan Rao, Advocate for the Petitioners/A1 to A3 and the learned Additional Public Prosecutor for the State, upon consideration of the material on record, having been heard and stood over for consideration to this day, the Court made the following: :: O R D E R :: This petition is filed by the Petitioners/accused no.1 to 3 under Section 439 of Cr.P.C., in Crime No. 82 of 2020 of Kamanpur P.S., for the offences punishable under Sections 376(2)(n), 417, 420, 354(A) (ii) and 505 (i) of IPC for grant of bail to them. The Petitioners/A1 to A3 are in jail since 01-08-2020. 2. Notice is given to Additional Public Prosecutor. 2 3. The case of the prosecution is that, about 4 years back LW1/Arni Mallika/Victim got acquaintance with one Merugu Srikanth/A1, since then they are loving each other, A1 has taken a room on rent at LW1's village and running motor winding shop in that room. The A1 induced and believes LW1 that he will marry her and on 20.08.2019 A1 had participated in sexual intercourse with LW1 in the house of her maternal aunt without her aunt consent and also several times A1 participated in sexual intercourse with LW1, when LW1 asked A1 about their marriage he postponed stating that after the marriage of his brother he will marry her. On knowing about their love, the brother of A1 by name Merugu Srinivas/A2 called to LW1 and asked her to come to Kataram, when she went to Kataram in November, 2019, A2 took her to Sub-station where he requested LW1 to fulfill his sexual desire and coercion on her, but LW1 refused and informed the same to A1, but A1 postponed the matter and wanted some more time. Lastly A1 had sexual intercourse with LW1 on 26.06.2020 in her house. One Midivelly Raghu/A3 who knows about love of A1 and LW1 has done bad publicity about LW1 in the village by making rumors on her. About four days back LW1 asked the A1 that the marriage of A2 has performed, hence both should be marry, but A1 refused to marry her. 4. Learned counsel for the Petitioners/accused no.1 to 3 in conference call submitted that the petitioners/accused no.1 to 3 are innocent persons, and the police created a false case at the instance of defacto complainant and the police without proper investigation, falsely implicated them in the present case. It is further submitted that the petitioners/A1 to A3 are having fixed abode, only earning member of the families, if they are further detained in jail their future life will be spoiled, their families would suffer a lot for starvation. It is further submitted that most of the investigation is completed, therefore, there is no chance to tamper the evidence, hence prayed to grant bail to the Petitioners/ Accused no.1 to 3. 5. On the other hand, learned Additional Public Prosecutor filed counter, and submitted that the investigation is still pending, if the accused no.1 to 3 released on bail, they will tamper or threaten or induce the witnesses, hence prayed to dismiss the petition. 3 6. A perusal of the record disclosed that, investigation is still pending, some more witnesses to be examined, if A1 released on bail his presence before the court cannot be secured and the recording of statement of victim u/sec.164 Cr.P.C is pending, and there is every chance to tamper the evidence, hence, in view of the same, there are no merits to grant bail to the petitioner/A1 and A.2 alleged to be committed offence u/sec. 354(A)(ii) IPC and A.3 alleged to be committed offence u/sec. 505(i) IPC and no other investigation is pending against the petitioners/ accused no.2 and 3, as such there is no apprehension that the Petitioners/accused No.2 and 3 would tamper the evidence of prosecution. Considering the facts and circumstances of the case, submissions of the counsel for Petitioner/accused and the period of detention of Petitioners/accused No.2 and 3 in jail, the petition can be allowed with certain conditions against the petitioners/accused No.2 and 3. 7. In the result , the petition is partly allowed and the Petitioners/Accused No.2 and 3 are ordered to be enlarged on bail on their executing a Personal Bond for a sum of Rs.20,000/- (Rupees twenty thousand only) with two sureties for like sum each to the satisfaction of Addl. Judicial Magistrate of First Class, Manthani and on condition that they shall appear before the Station House Officer, Kamanpur P.S., on every Sunday in between 10:00 a.m., to 5:00 p.m., and they shall not leave the jurisdiction of Court of Addl. Judicial Magistrate of First Class, Manthani and they shall not tamper the evidence in any manner and shall not cause any threat or any kind of influence to the victim and they shall be available to the Investigating Agency as and when required. All the above conditions shall be in force till the date of filing of the Charge Sheet and the petition is liable to be dismissed against the petitioner/A1. Dictated to Stenographer through Phone, transcribed by her, e-mailed to me, corrected and pronounced by me on this the 18 th day of August, 2020. Sd/- IV Addl. Sessions Judge, Karimnagar. FAC: Spl. Sessions Judge, Karimnagar Copies to: 1. The Addl. Judicial Magistrate of F.C. Manthani 2. The Station House Officer, Kamanpur P.S. 3. The Superintendent, Dist. Jail, Karimnagar 4 4. The System Officer, Computer Section, Prl. Dist.& Sessions Court,Karimnagar with a request to upload the copy of this Bail Order in Karimnagar District e-Courts Website. .
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