Shivaratri Nikhil @ Chintu v. The State Of Telangana

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.927 of 2025 ORAL ORDER:

Seeking the Court to enlarge the petitioner, who is arrayed as accused No.1 in Crime No.1498 of 2024 of Jawaharnagar Police Station, Rachakonda Commissionerate, on bail, the present Criminal Petition is filed.

2.

The brief facts of the case are that a petition was filed by Smt. Ponaganti Harika, wife of Thanisha, regarding the death of her daughter, who committed suicide by consuming bathroom cleaning acid. Her daughter had left for college at 8:00 am on December 24, 2024, and returned home at 3:30 pm. After receiving a phone call, she went into the bathroom, where she consumed the acid. She was rushed to Vijaya Hospital and later referred to OX Care Hospital, where she passed away at 7:15 pm. 3.

Heard Sri D. Shashi Preetam, learned counsel appearing on behalf of the petitioner as well as Sri Syed Yasar Mamoon, learned Additional Public Prosecutor appearing on behalf of the respondent - State.

4.

Learned counsel for the petitioner submitted that the petitioner was arrested without substantial evidence and claims

that the case is motivated as he was not present at the scene of the alleged offence. He further submitted that the investigating agency allegedly extracted a coerced confession, which is inadmissible under Section 25 of the Indian Evidence Act and that the petitioner has been falsely implicated and is languishing in jail since 26.12.2024. Therefore, he prayed the Court to grant bail to the petitioner by allowing this criminal petition. 5.

On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner stating that the allegations leveled against the petitioner are serious in nature. Therefore, at this stage, granting of bail to the petitioner does not arise. Hence, he prayed the Court to dismiss the criminal petition.

6.

In the light of the submissions made by both the learned counsel and a perusal of the material available on record, it appears that the petitioner is in jail from 26.12.2024. As the material part of the investigation is completed and 14 witnesses were examined and considering the facts and circumstances of the case, this Court deems it fit to grant bail to the petitioner subject to the following conditions:

i.

The petitioner shall execute a personal bond for a sum of Rs.15,000/- (Rupees

Fifteen Thousand only) each, with two sureties for a like sum each to the satisfaction of the learned X Additional Junior Civil Judge-cum-X Additional Metropolitan Magistrate, MedchalMalkajgiri District at Medchal.

ii.

The petitioner shall appear before the concerned SHO at 11:00 a.m., on every Monday for a period of eight (8) weeks, for the purpose of investigation, and thereafter, as and when required.

iii.

The petitioner shall abide by the conditions stipulated in Section 437(3) of Cr.P.C.

7.

Accordingly, the Criminal petition is allowed. Miscellaneous applications, if any pending, shall stand closed.

_______________ K. SUJANA, J Date: 31.01.2025 SAI

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.927 of 2025 Date: 31.01.2025 SAI