ORDER :

This Criminal Petition under Sections 437 and 439 of Code of Criminal Procedure (for short ‘Cr.P.C.’), has been filed by the petitioner/Accused, seeking regular bail in Crime No.12 of 2024 of T.P.Gudur Police Station, S.P.S.R. Nellore District, registered for the offence punishable under Sections 366, 344, 376(3) I.P.C., Section 4 r/w.3(a) of POCSO Act, 2012.

2. Case of the prosecution, in brief, the victim girl who is aged about 16 years studying intermediate 1st year is the daughter of defacto complainant. On 27.01.2024 at about 6.30 P.M. the defacto complainant noticed missing of her daughter/victim girl, searched for victim girl at the surroundings and at the houses of their relatives but could not find victim girl. Then, the defacto complainant gave report to the police and a girl missing case was registered. Basing on the statement of victim girl, a case was registered against the accused.

3. Heard Ellapa Manoj Kumar, learned counsel for the petitioner and Sri P.M.Mithileswara Reddy, learned Special Assistant Public Prosecutor.

4. Learned counsel for the petitioner would submit that the petitioner has been in judicial custody since 27.01.2024. Initially, the case has been lodged for a girl missing. Later it has been altered to Sections 366, 344, 376(3) I.P.C., Section 4 r/w.3(a) of POCSO Act, 2012. Learned counsel for the petitioner would submit that investigation was completed. Love affair between the petitioner and victim girl came to the knowledge of the parents and they tried to got marriage of the victim girl with some other person. On the call of victim girl, both get married. Learned counsel for the petitioner prays this Court to grant bail to the petitioner.

5. On the other hand, learned Assistant Public Prosecutor would submit that charge sheet is filed. In this matter in case of considering application, conditions may be imposed to ensure the presence of the petitioner before the trial Court.

6. Considering the submissions made, as charge sheet is filed, the question of influencing the witnesses does not arise.

7. Taking into consideration the age of the victim girl and also the nature of the crime, the manner in which it occured, as the trial may take some time, it is desirable to release the petitioner on bail.

8. In the result, the Criminal Petition is allowed with the following conditions:

i. The petitioner herein shall be released on bail on his executing a personal bond for Rs.20,000/- (Rupees twenty thousand only) with two (02) sureties for a like sum each to the satisfaction of the Special Judicial Magistrate of First Class for Railways at Nellore, SPSR Nellore District.

ii. On release, the petitioner shall appear before the Station House Officer, concerned, once in a week i.e., on every Sunday between 10.00 a.m. and 05.00 p.m., for a period of three (03) months.

iii. The petitioner is directed not to hamper the investigation and tamper with the prosecution witnesses.

iv. It is made clear that the petitioner shall scrupulously comply with the above conditions and breach of any of the above conditions will be viewed seriously and prosecution is at liberty to move an application for cancellation of the bail.

As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.

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VENKATA JYOTHIRMAI PRATAPA,J Date: 23-05-2024 AG THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No.3384 of 2024 DATE : 23.05.2024 AG