Telangana High Court
CRLP/10962/2022 of Pathlavath Raghavender Raghavender Vs The State Of Telangana on 30 December 2022
COURT FOR THE STATE OF TELANGANA 8 AT HYDERABAD FRIDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE DR. JUSTICE CHILLAKUR SUMALATHA Between: Pathlavath Raghavender @ Raghavender, S/o. Bheemla naik, Aged: 19 years, Occ: Unemployee, R/o. Rl/o. Gajulakunta
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IN THE HIGH COURT FOR THE STATE OF TELANGANA 8AT HYDERABAD
FRIDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE DR. JUSTICE CHILLAKUR SUMALATHA
CRIMINAL PETITION NO: 10962 OF 2022
Between:
Pathlavath Raghavender @ Raghavender, S/o. Bheemla naik, Aged: 19 years,Occ: Unemployee, R/o. Rl/o. Gajulakunta Thanda, H/o. Porlakunta Thanda,Maddur mandal, Narayanpet District. T.S.Occ: Unemployee, R/o. Rl/o. Gajulakunta Thanda, H/o. Porlakunta Thanda,Maddur mandal, Narayanpet District. T.S.
...Petitioner/Accused
AND
The State Of Telangana, Represented by its Public Prosecutor, High Court, atHyderabad.
...RespondenUGomplainant
Petition under Section 437 &439 of Cr.P.C praying that in thecircumstances stated in the Memorandum of Grounds of Criminal Petition, theHigh Court may be pleased to release the Petitioner on Bail pendinginvestigation, enquiry and trial in Crime No. 17212022 of Maddur Police Station,Narayanpet District, Telangana State, ln the interest of justice.
This Petition coming on for hearing, upon perusing the Memorandum ofGrounds of Criminal Petition and upon hearing thg arguments ofSri Dr. CHALLA SRINIVASA REDDY, Advocate for the Petitioner and theAdditional Public Prosecutor on behalf of the Respondent No.1
The Court made the following: ORDER
HON,BLE DT. JUSTICE CHILLAKUR SUMALATHACRIMINAL PETITION No. 1O962 of 2022
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ORDER:
1. Heard Dr.Challa Srinivas Reddy, learned counsel forthe petitioner as well as the learned Additional PublicProsecutor rvho is representing the Respondent-State.Despite of service of notrce upon the de facto complainant,none appears
2. This Criminal Petition, under Section 439 Cr.P.C., isfiled seeking the Court to enlarge the petitioner, who isarrayed as Accused in Crime No.172 of 2022 of MaddurPolice Station, Narayanpet District, on bail.
3. The facts of the case in brief as could be perceivedthrough the contents of the complaint are that thepetitioner startecl following the victim girl stating that hefell in love with her and subsequently, the victim giri alsoaccepted for the proposal and thereafter, both of .them gotindulged in sexuai intercourse due to which, finally, thevictim girl became pregnant.
4. Making his submission, learned counsel for thepetitioner contended that the petitioner 15 lnjudicia-1
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custodvSlNCCthirtynlne(39) days and indeed, thepetitioner and the victim girl voluntarily participated in thesexLlal intercourse and as the investigation is almostcompleted, the petitioner may be enlarged on bail.
5. On the other hand, the submission of the learnedAdditionai Public Prosecutor is that the victim girl is aminor and that the investigation is still pending.
6. The material available on record reveals graveallegations against the petitioner. Further, as per thecontents of the complaint, due to the acts of the petitioner,a minor girl became pregnant. Also, the investigation ispending.
7. Therefore, this Court is of the view that the request ofthe petitioner cannot be honoured at this stage.
B. Resultantly, the Criminai Petition is dismissed.
Sdi. MOHD. SANAULLAH ANSARIASSISTANTRE6lsTRAR//TRUE COPY//C fT'--SECTION OFFICER
To,
1. The Principal District and Sessions Judge -cum- special sessions Judge forTrail of cases under Pocso Act at Naray?npet.Trail of cases under Pocso Act at Naray?npet.
2. The Station House Officer, Maddur police Station, Narayanpet District.Officer, Maddur police Station, Narayanpet District.
3. Two CCs to Public Prosecutor, High Court for the State of Telangana, atHyderabad [OUT]Hyderabad [OUT]
4. One CC to Sri. Dr. CHALLA SR|NIVASA REDDY, Advocate tOpUCl
5. Two CD Copies
PSR
HIGH COURTCSL, J
DATED: 3011212022
ORDER
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CRLP.No.10962 of 2022
CRIMINAL PETITION IS DISMISSED
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