SHIVARATHI ANJANEYULU Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition under Section 437 and 439 of Cr.P.C. is filed by the petitioner/A.2, seeking to enlarge him on bail in Crime No.50 of 2019 of Jagadevpur Police Station, registered for the offences punishable under Section 376-D, 366-A and 386 IPC and Section 5(1) and 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'the POCSO Act'), and under Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'the Act').

(2.) The case of the prosecution is that one month prior to the date (16.05.2019) of complaint, one Venkat (A.1) called the victim girl over her cell phone No.8790910454 from a cell phone No.9347381408 and was acquainted with her. Later said Venkat, making her to believe him under the pretext of love and marriage, one night came to Rayavaram and called her on phone to come out and she came out from home and met him. Then he took her to the place of grave of Kuncherukala Caste at Gajwel on his motor bike where his friends Anji and one another joined him and all exploited her sexually not caring her words that the same is wrong. Thereafter on 15.05.2019 night at about 23.00hours again they came to Rayavaram village and called her to come out but she bluntly refused. On that they threatened her that they would blame her in the village with bad comments. On that out of fear, she went along with them. Then they took her to Tamarind tree near Gopalpur 'T' road in the outskirts of Thimmapur village and enjoyed sexually. On same day, night at about 01.00hour they returned to Rayavarm village to drop her and by that time, they were seen by her paternal uncles viz; Raju, Kumar, Venkat and Ganesh and when they tried to catch the accused persons, they escaped. Again they took her to grave of Kuncherukala caste on their motor bikes and again enjoyed her sexually and snatched her ear studs and dropped her at Pragnapur bus stop early in the morning at 4.00 hours and left. Thereafter she came to Rayavarma village by bus at about 7.00 hours and informed the same to her paternal uncles.

(3.) Heard learned counsel for the petitioner/A.2 and the learned Additional Public Prosecutor appearing for the respondent State. Perused the material on record.