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Korra Praveen v/s The State of Telangana, Rep. by its Public Prosecutor


Company & Directors' Information:- PRAVEEN INDIA LTD . [Active] CIN = L21029WB1983PLC036326

Company & Directors' Information:- PRAVEEN & COMPANY PRIVATE LIMITED [Strike Off] CIN = U99999DL1999PTC098397

    Criminal Petition No. 16790 of 2016

    Decided On, 15 December 2016

    At, In the High Court of Judicature at Hyderabad

    By, THE HONOURABLE MR. JUSTICE SURESH KUMAR KAIT

    For the Petitioner: Praveen Kumar Veerjala, Advocate. For the Respondent: Additional Public Prosecutor.



Judgment Text

Vide present Criminal Petition, the petitioner/Accused seeks a direction thereby to enlarge him on bail in Crime No. 206 of 2016 registered on the file of Station House Officer, Police Station, Gudipally, Nalgonda District for the offences punishable under Sections 366 IPC and Section 12 of POCSO Act, 2012.

Learned Counsel appearing on behalf of the petitioner/accused submits that the aforesaid crime was registered on the complaint lodged by the father of the victim girl, wherein it is stated that the petitioner and his daughter (victim girl) were in love, both are majors and they left their respective houses without the consent of their parents and got married on 14.11.2016 at Anjaneya Swamy Temple, Hayatnagar, Hyderabad. Thereafter, the de facto complainant on coming to know about the marriage, which was not acceptable to the parents of either side, lodged the present complaint. The petitioner/accused was taken into custody on 16.11.2016 and since then he is in jail.

The learned Counsel further submits that the petitioner and the daughter of the de facto complainant are major; that they got married on their mutual consent and that their marriage certificate and photographs were seized by the police.

Learned Additional Public Prosecutor appearing on behalf of the respondent-State opposed the petition.

Keeping in view the averments made in the petition and submissions of learned Counsel on either side, I am inclined to grant bail. Accordingly I hereby direct that the petitioner shall be enlarged on bail on his furnishing personal bond for a sum of Rs.2,500/- (Rupees two thousand and fine hundred only) with one surety for the like sum to the satisfaction of learned Judicial First Class Magistrate, Devarakonda, Nalgonda District.

Before parting with this bail order, I hereby direct the Director Generals of Police, State of Telangana and State of Andhra Pradesh to issue 'Standing Order' that if marriage has taken place, proof of the same is available and both are majors, no F.I.R. shall be registered until and unless conspicuously it is established on record that such of the marriage was performed due to propelling causative factors of concomitant indices like intoxication, pressure, threat, coercion, undue influence and complicity of the indictable acts.

I further direct both the Director Generals of Police for the States of Telangana and Andhra Pradesh to issue immediate Standing Orders to all the Police Stations in their States that if F.I.R. is registered on the complaint of either side parents that their daughter is absconding/kidnapped etc. and the Police thereafter came to know that the marriage has performed mutually by consent between the two and that they are major, then the Investigating Officer shall take appropriate steps to file final report and get the FIR closed from the concerned court.

It is pertinent to mention here that majority of such cases are pursuing their education or unemployed. Their feeling and sentiments are with each other. They may be of same community or religion or otherwise. I have come across the cases where the parents though reached in 21st century, however, if marriages or love affairs are in intercasts or in different religious, their thinking is of 18th century. Very rare examples are in the society that, other than ‘love affairs’ cases, the parents of different cast or religion, have solemnized marriages of their children in intercaste or inter-religion. They can write well and may also speak so well on intercaste and inter religion marriages, however, when turn comes for their children, they are not near to what they say in society. It can not be disputed that every educated person will claim that he does not believe in castism and love all religions. But, when their children are in love and solemnize the marriages, then upper caste, lower caste, rich and poor including religion always come in their mind. If children do not agree with their thinking, then parents have no option but to accept or leave them on their fate. However, thinking would definitely be changed. The youth of this country is of very forward thinking. No one can control them. They do not mind to solemnize inter-caste or inter-religion marriage. To eradicate such evil from the society, it is the duty of parents, let our youth go ahead. Main duty is of the police who has to maintain law and order and with utmost honesty deal with such cases. The youth should not be left to face such situation as faced in the present case.

In view of the aforesaid backdrop, though not only for the purpose of the case in hand, let the Standing Orders be issued and communicated to all the Police Stations in the State of Telangana and Andhra Pradesh so that such type of false cases may not be registered in future and the youth should not be harassed in the ha

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nds of parents and the police. In the context of the above, the respondent-police in the case on hand is directed to summon original marriage certificate and age proof of the petitioner and daughter of the de facto complaint (wife of the petitioner) and after verifying the same and finding correctness of the same, take appropriate steps as directed hereinabove. The Criminal Petition is allowed. Miscellaneous petitions pending consideration if any in the Criminal Petition shall stand closed in consequence.
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