Yelamalla Sathish v. The State Of Telangana

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.914 of 2025 ORDER:

Seeking the Court to enlarge the petitioner who is arrayed as accused in Crime No.1098 of 2024 of L.B.Nagar Police Station, Ranga Reddy District, on bail, the present Criminal Petition is filed.

2.

The brief facts of the case are that the accused harassing the victim physically by following her continuously. Hence, a case was registered vide Crime No.1098 of 2024 before the L.B.Nagar Police, Rachakonda, for the offences punishable under Sections 78(2) of the BNS and Section 11(iv) read with 12 of POCSO.

3.

Heard Sri P.Manoj, 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 firstly submitted that the petitioner is innocent and he is no way concerned with the alleged offences. He secondly submitted that though there is no corroborative evidence, the petitioner was implicated in the case with false and fabricated allegations. He thirdly

submitted that all the material witnesses were examined, and further detention of the petitioner is unnecessary. He fourthly submitted that the petitioner has been in judicial custody since 15.12.2024, causing undue hardship to his family. He fifthly submitted that the petitioner is native of Khammam District, with movable and immovable properties, and is willing to furnish sureties as directed. He lastly submitted that previously, bail application of the petitioner, vide Crl.M.P.No.1154 of 2024, was dismissed by the Special Sessions Judge for Trial and Disposal of Cases under POCSO Act, Ranga Reddy District at L.B.Nagar, on 08.01.2025, without valid reasons and 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 there are serious allegations against the petitioner and charge sheet is filed after completion of the investigation, therefore, granting bail to the petitioner, at this stage, does not arise. Hence, he prayed the Court to dismiss the criminal petition.

6.

After considering submissions from both the parties and reviewing the record, since the petitioner is languishing in jail from 15.12.2024 and also charge sheet is filed after

completion of the investigation, 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 II Additional Metropolitan Magistrate at L.B.Nagar.

ii.

The petitioner shall cooperate with the trial proceedings by appearing before the concerned Court whenever his presence is required as the charge sheet is filed before the concerned Court.

iii.

The petitioner shall abide by the conditions stipulated in Section 437(3) of Cr.P.C.(presently, Section 480(3) of the BNSS).

7.

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

_______________ K. SUJANA, J Date: 29.01.2025 gms

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.914 of 2025 Date: 29.01.2025 gms