Telangana High Court
CRLP/10460/2022 of Balasani Shashi Sashank Vs The State of Telangana on 30 December 2022
COURT FOR THE STATE OF TELANGANA AT HYDERA,BAD FRIDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENryTWO Between: Balasani Shashi @ Sashank, S/o. Late Srinivas, Age.24 years, Occ. Student, F/o. Kalvacharla village, Kamanpur mandal of Peddapally District. ...PETITIONEFYACCUSED AND 1. The
IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERA,BAD
FRIDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND TWENryTWO
PRESENT
THE HONOURABLE DR. JUSTICE CHILLAKUR SUMALATHACRIMINAL PETITION NO: 10460 OF 2022
Between:
Balasani Shashi @ Sashank, S/o. Late Srinivas, Age.24 years, Occ. Student,F/o. Kalvacharla village, Kamanpur mandal of Peddapally District.
...PETITIONEFYACCUSED
AND
1. The State of Telangana, Rep by its Public Prosecutor, High Court ofTelangana State, Hyderabad, Through SHO PS ll town, Karimnagar.Telangana State, Hyderabad, Through SHO PS ll town, Karimnagar.
2. Bheemuni Laxmanm S/o Poshaiah, Age: 37 years, Occ: Private Employee,Fl/o Battupalli village, Manthani mandal, Saptagiri colony karimangar District.Fl/o Battupalli village, Manthani mandal, Saptagiri colony karimangar District.
...RESPONDENT/COMPLAINANT
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 enlarge the petitioner/Accused on bail in Cr.no372 of 2022 on the file of the Karimnagar ll town police station the interest of [-]Justice.
This Petition coming on for hearing, upon perusing the Memorandum ofGrounds of Criminal Petition and upon hearing the arguments of SriRAMAVARAM CHANDRASHEKAR REDDY, Advocate for the Petitioner and thePublic Prosecutor on behalf of the Respondent No. 1 and none appeared for theRespondent No. 2.
The Court made the following: ORDER
HON'I iLE Dr. JUSTICE CHILLAKUII Stlltlti\Ll\THACRIMINAL PETITION No.1046O of 2tr)211
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ORDER:
1. HearC Sri R.Chandrashekar Reddy, le,rrnerl counselfor the pe.itioner as well as the learned Ad<litiorial PublicProsecutor who is representing Responcletrl N,t.1-State.Despite of service of notice upon Responde 11. N,r.2, noneappears.
2. This Criminal Petition, under Section 4l]() C)r.P.C., isIiled seeki rg the Court to enlarge the petitioner, who isarrayed as Accused in Crime No.372 ol 2022 rf KarimnagarII Town Po ice Station, Karimnagar Distnct, on [-:ai[.]
3. Maki rg his submission, learned cor':n se1 for thepetitioner contended that the petitionerls lnjudicialcustody since seventy (70) days. Learned cou:rsel a-lsostates that the petitioner was in love with the vjctim girl forthe past t\, [ro ]yea-rs and indeed, as on the da.r: of incident,the victim girl was aged 17 years B monttL:;. Learnedcounsel f'rrther submits that the petitiorrer neitherkidnapped nor abducted the victim girl and ttrr: provisionsof Protectic n of Children from Sexual Offencesr ,1\ct and also Section 376 lPC does not attract to the case facts andtherefore, the petitioner may be enlarged on bail.
4. Opposing the said submission, the learned AdditionalPublic Prosecutor stated that the petitioner used to work ata Banquet Hall which is located near the college '*,here thevictim girl was studying and he started following the victimgirl by stating that he feil in love with her and though thevictim girl denied his proposal and informed the matter toher parents, he did not leave her and ultimately, hekidnapped her and took her to Hyderabad ald from thereto Singarayakonda of Prakasam District and there, hecommitted rape and ultimately, on knou,ing that police arein search of him, he brought the victim girl and left hernear her residence and fled away and further, theinvestigation is pending and therefore, the petitioner is notentitled for bail.
5. The materia-l available on record, more particularly,the contents of Remand Case Diary, supports thesubmission of the learned Additional Public Prosecutor
6. By the submissions made, it is clear that the victimgirl has not attained the age of majority by the,date of \
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D...J1)til.P.No.70460 oJ 2022
alleged ir: cident. Further, the submission ol- the learnedAdditiona Public Prosecutor is that the inver;tigation is stillpending. Therefore, this Court is of the vrew that therequest oI the petitioner cannot be honoured ai this stage.Additiona Public Prosecutor is that the inver;tigation is stillpending. Therefore, this Court is of the vrew that therequest oI the petitioner cannot be honoured ai this stage.
7. Resr Lltantly, the Criminal petition is dismissed.
Sd/- P, GOWRI SHANRASI;II:iTANT REGISRSETITION O FICER
//TRUE COPY//
1. The lst Addit onal Sessions Judge, Karimnagar, Karimnagar District.
2. The Judicial Magistrate of First Class (Special Mob le, PCR) Karimnagar,Karimnagar l)istrict.Karimnagar l)istrict.
3. The Station llouse Officer, Karimnagar llnd Town Police lltation Karimnagar llTown, Karim ragar District"Town, Karim ragar District"
4. Two CCs to he Public Prosecutor, High Court at Hyderabad [OUT]
5. Two CD Cop les
6. One CC tc SRl. RAMAVARAM CHANDRASHEKAR REDDYAdvocateloPUClloPUCl HIGH COUF T
Dr. CSL. J
DATED: 3011212022
ORDERCRLP.No.10160 o12022
Dismissing S tl rc C'drminal Petition(arl""(arl""
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