Dadivan Laxmi, v. The State Of Telangana

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.933 of 2025 ORDER:

This Criminal Petition is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for granting of pre-arrest bail to the petitioner/accused No.1 in Crime No.681 of 2024 on the file of the Jagtial Town Police Station, Jagtial. 2.

The brief facts of the case are that that on 06.11.2024, at about 09:30 p.m., the accused persons, who are the mother-in-law and brother-in-law of the de-facto complainant, besides beating him mercilessly, they also tried to kill him by attacking with knife. Hence, a case was registered vide Crime No.681 of 2024 before the Jagtial Town Police, Jagtial, for the offences punishable under Section 109 read with 3(5) of the BNS.

3.

Heard Sri D.Bhaskar Reddy, 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 further submitted that though there is no corroborative evidence, the petitioner was implicated in the present case with false and fabricated allegations. He thirdly submitted that the petitioner is resident of Jagtial District, with movable and immovable properties, and is willing to furnish sureties as directed. He lastly submitted that He lastly submitted that previously, bail application of the petitioner, vide Crl.M.P.No.2 of 2025, was dismissed by the Principal Sessions Judge at Jagtial, on 21.01.2025 and prayed the Court to grant anticipatory 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 de-facto complainant sustained simple injuries and also the investigation is not yet completed, therefore, granting anticipatory bail to the petitioner, at this stage, does not arise. Hence, he prayed the Court to dismiss the criminal petition.

6.

Having regard to the submissions made by both the parties and a perusal of the material placed on record, prima facie, it is apparent that the injuries sustained by the de-facto complainant are simple in nature as per the injury certificate

submitted by the learned Additional Public Prosecutor for the State. It is pertinent to note that material part of the investigation is completed. Therefore, considering the facts and circumstances of the case, this Court is of the considered view that it is a fit case for granting of anticipatory bail to the petitioner.

7.

Accordingly, this petition is allowed granting anticipatory bail to the petitioner subject to the following conditions:

i.

The petitioner shall surrender before the Station House Officer of Jagtial Town Police Station, Jagtial District, within two weeks from today, and on such surrender, the said Station House Officer shall release him on bail on executing a personal bond for Rs.15,000/- with two sureties, for the like sum each.

ii.

The petitioner shall appear before the concerned Station House Officer on every Monday between 9:00 A.M. to 10 P.M., for a period of eight (08) weeks

or till filing of charge sheet whichever is earlier.

iii.

The petitioner shall abide by the other conditions stipulated in Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023 and co-operate with the Investigating Officer in investigating the case.

Miscellaneous applications, if any pending, shall stand closed.

_______________ K. SUJANA, J Date: 31.01.2025 gms

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.933 of 2025 Date: 31.01.2025 gms