Crl MP 449 of 2020 in Crime No 93 of 2020 of PS Manakondur Dated 02

1 IN THE COURT OF I ADDITIONAL SESSIONS JUDGE, KARIMNAGAR PRESENT: M. KRISHNA MURTHY, III Addl. Sessions Judge, Karimnagar. FAC: I Addl. Sessions Judge, Karimnagar. Wednesday, the 2nd day of September, 2020 CRIMINAL MISCELLANEOUS PETITION No. 449 of 2020 in CRIME NO.93 OF 2020 OF MANAKONDUR POLICE STATION. BETWEEN: Boini @ Bogini Shankaraiah @ Shankar, S/o.Pochaiah, Age:55 years, occ:Agriculture, R/o.Pachnuru village, Manakondur Mandal, Karimnagar District. …Petitioners/3rd party (owner of vehicle). And 1. The State through Station House Officer, Manakondur Police Station represented by Addl. Public Prosecutor(complainant). 2. Boini @ Bogini Venu, S/o.Shankaraiah, Age:25 years, Tenugu,R/o.Pachnuru village, Manakondur Mandal, Karimnagar District(accused). …Respondents. Offences under Sections 363, 365, 354-D and 506 of IPC and Sections 8 and 12 of Protection of Children from Sexual Offences Act, 2012. Petition filed under Section 457 of Cr.P.C. This petition is coming today before me for hearing through Whatsapp video calls made by Sri G.Narayana Reddy, Advocate for the petitioner/owner of the property and Sri V.Venkateshwarlu, Additional Public Prosecutor representing the State, R2 having reported no objection, upon perusing the material papers on record, upon hearing the arguments and the matter having stood over for consideration to this day, this Court made the following: O R D E R Fresh copy of petition showing correct cause title ie., the name of the accused is filed. 2 Heard both sides through Whatsapp video calls made from their cell phones to my cell phone. Perused the record. Orders are passed. The learned counsel for the petitioner submitted that the petitioner is father of the accused, that if the vehicle is kept idle it will be damaged and it is not useful for usage and that therefore, he requested for granting interim custody of the vehicle. He also submitted that the petitioner filed the original Registration Certificate to prove his ownership. The second respondent/accused reported no objection and the learned APP also did not make any objection. The offences alleged are punishable under Sections 363, 365, 354-D and 506 of IPC and Sections 8 and 12 of Protection of Children from Sexual Offences Act, 2012. The allegation against the accused is that on 06.04.2020 the accused followed the victim girl, harassed her and asked to come from out of the house in the night time by the time he comes on bike and that on 07.04.2020 at 04.30 hours the accused went to the house of the victim on this vehicle blew horn, that the victim came out, that he took her away and kept her in the mango groove and after coming to know that the case was registered he left the victim. In this case the petitioner was granted mandatory bail under Section 167 of Cr.P.C. The petitioner filed original registration certificate to show his ownership over the vehicle in this case which is bearing No.TS-02/EW- 8236. The ownership is not in dispute by the police. If the vehicle is kept idle there is likelihood of its being spoiled. In addition to it the Hon’ble Supreme Court in Sunderbai Ambalal Desai Vs. Gujarat(AIR 2003 SC 638) has laid down guidelines for release of the case property during the pendency of the case by taking precautions. If the interim custody is granted to the petitioner/owner it would not cause any loss to the investigating agency and moreover it prevents damage to the vehicle. Accordingly this petition is allowed. The interim custody of the vehicle, i.e., Motor Cycle bearing No.TS-02/EW-8236 is ordered to be given to the petitioner on executing a personal bond for Rs.75,000/- with one surety for a like sum to the satisfaction of Special Judicial Magistrate of First Class (Excise), Karimnagar. The petitioner should keep original registration certificate of the said vehicle with the Chief Ministerial officer 3 of this Court. The petitioner shall get vehicle photographed in the presence of Station House Officer concerned on all its four sides and said Station House Officer should file said photographs before this Court. The petitioner shall also give undertaking before the Court not to sell or alienate/transfer or change the nature and colour of the said vehicle pending disposal of the case and shall produce the same as and when required by this Court. The learned Special Judicial Magistrate of First Class (Excise), Karimnagar shall act upon the downloaded copy of this order from the e- Courts Website, Karimnagar for accepting the sureties. Dictated to Stenographer through Phone, transcribed by her, e-mailed to me, corrected and pronounced by me on this the 2nd day of September, 2020. III ADDITIONAL SESSIONS JUDGE, KARIMNAGAR FAC: I ADDL. SESSIONS JUDGE, KARIMNAGAR. Copies to: 1. The Special Judicial Magistrate of First Class, (Excise), Karimnagar. 2. The Station House Officer, Manakondur P.S. 3. The System Officer, Computer Section, Prl. District and Sessions Court, Karimnagar with a request to upload the copy of this Bail Order in Karimnagar District e-Courts Website, immediately..

Load more