PUBLIC PROSECUTOR Vs. KUMAR MURUKURTHY

JUDGEMENT

(1.) Criminal Petition No.2781 of 2002 is filed by the State to cancel the bail granted to the accused in Crime No.104 of 2002 of W.P.S., Central Crime Station, Hyderabad; Criminal Petition No.3171 of 2002 is filed by the complainant, on whose complaint the police registered the case in Crime No.104 of 2002, for cancellation of bail granted to the accused in the said crime, and the Criminal Petition No.3354 of 2002 is filed by the accused in the same crime to quash the F.I.R., in the aforesaid Crime No.104 of 2002.

(2.) Since all the three petitions arise out of the same crime, they are being disposed of by a common order.

(3.) On a complaint given Miss. Jyothi, who is the petitioner in Criminal Petition No.3171 of 2002, (hereinafter called the complainant), alleging that Kumar Murkurthi i.e., petitioner in Criminal Petition No.3354 of 2002 (hereinafter called the accused) after having met her about 1.1/2 years prior to the lodging of the complaint enticed her into having an affair with him and made her pregnant and refused to marry her, a case in the aforesaid crime No.104 of 2002 was registered against the accused under Sections 420 and 493 I.P.C. After registration of the said crime, on an application by the accused the learned V Additional Metropolitan Sessions Judge-cum-Mahila Court, Hyderabad, granted anticipatory bail to him with certain conditions, in Criminal M.P.No.706 of 2002 by the order dated 5-4-2002. Thereafter the accused filed Criminal M.P.No.1656 of 2002 seeking temporary relaxation of the condition restraining him from leaving India and to permit him to go to U.S.A. to see his ailing parents. By the order dated 27-6-2002 the learned Additional Metropolitan Sessions Judge accorded permission to the accused to go to U.S.A. on condition of his executing a Bond for Rs.50,000/- with two sureties to the satisfaction of the XXIII Metropolitan Magistrate, Hyderabad. Questioning the said relaxation the Public Prosecutor on behalf of the State filed Criminal Petition No.2781 of 2002 and the complainant filed Criminal Petition No.3171 of 2002. Thereafter accused filed Criminal Petition No.3354 of 2002 to quash the F.I.R. in Crime No.104 of 2002 registered against him.