THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.6155 of 2024

ORDER:

This Criminal Petition has been filed under Section 439(2)

of the Code of Criminal Procedure, 1973, seeking cancellation of bail granted in favour of respondent No.2 by the I Additional District and Sessions Judge-cum-Metropolitan Sessions Judge, Medchal Malkajgiri District at Malkajgiri, vide Crl.M.P.No.502 of

2023 dated 29.03.2023.

2. Heard Smt. K. Jayashree, learned counsel for the petitioner, Sri Syed Yasar Mamoon, learned Additional Public Prosecutor, appearing for respondent No.1-State and Sri Pappu Nageswara Rao, learned Senior Counsel, representing Ms. V. Mythili, learned counsel for respondent No.2.

3. Learned counsel for the petitioner submitted that respondent No.2 is accused in Crime No.191 of 2023 of Pet Basheerabad Police Station, registered for the offences under Sections 376(2)(l)(n), 354, 354-A, 354-B and 509 of the Indian Penal Code, 1860 (for short, ‘the IPC’), Section 5(l)(m)(n) read with Section 6, Section 9 read with Section 10 and Section 11 read with Section 12 of the Protection of Children from Sexual Offences Act, 2012 (for short, ‘the POCSO Act’). The learned Sessions Judge granted bail in favour of respondent No.2 on 29.03.2023 without properly considering the material on record. The learned Sessions Judge observed that as on the date of lodging the complaint, the petitioner is a major. Though, the petitioner is suffered in the hands of respondent No.2 and he assaulted her sexually from the year 2012, when she was 13 years old and he also continuously harassed even after granting bail. He further submitted that the trial Court may influence the reasons assigned in the bail application, which was granted in favour of respondent No.2, while deciding S.C.No.438 of 2023. Hence, the bail which was granted to respondent No.2 is liable to be cancelled.

4. Per contra, learned Senior Counsel submitted that the learned Sessions Judge after due verification of the record and after hearing both the parties granted bail to respondent No.2 on 29.03.2023 and he had complied with all the conditions imposed by the learned Sessions Judge. The Investigating Officer after conducting investigation filed charge sheet and the same was taken cognizance by the learned I Additional District and Sessions Judge-cum-Metropolitan Sessions Judge, Medchal- Malkajgiri District and the same was numbered as S.C.No.438 of 2023 and the same is coming up for framing of charges. At this stage, the petitioner is not entitled to seek cancellation of bail. Respondent No.2 never threatened the petitioner subsequent to granting of bail.

5. Having considered the rival submissions made by the respective parties and on perusal of the material available on record, it reveals that respondent No.2 is an accused in Crime No.191 of 2023 of Pet Basheerabad Police Station, registered for the offences under Sections 376(2)(l)(n), 354, 354-A, 354-B and 509 of the IPC, Section 5(l)(m)(n) read with Section 6, Section 9 read with Section 10 and Section 11 read with Section 12 of the POCSO Act. Respondent No.2 approached the I Additional District and Sessions Judge-cum-Metropolitan Sessions Judge, Medchal Malkajgiri District, for grant of regular bail and the learned Sessions Judge granted bail in favour of respondent No.2 on 29.03.2023 with certain conditions directing respondent No.2 to execute a personal bond for Rs.20,000/- with two sureties for a like sum each to the satisfaction of the learned Magistrate concerned and after release, he shall report before the Station House Officer, Pet Basheerabad once on every Wednesday and Sunday between 10.00 AM and 01.00 PM for a period of three months or till filing of charge sheet, whichever is earlier. Even according to the learned counsel for the parties, respondent No.2 has complied with the conditions imposed by the learned Sessions Judge and appeared before the Station House Officer, Pet Basheerabad, for a period of three months