Mallemoggala Raghavender v. The State Of Telangana

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.1489 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 petitioners/accused Nos.1, 3 and 4 in Crime No.17 of 2025 on the file of the Thalakondapally Police Station, Cyberabad Commissionerate.

2.

The brief facts of the case are that when the de-facto complainant questioned the accused persons for abusing his wife character in filthy language, the accused persons beaten the de-facto complainant mercilessly. As a result, the de-facto complainant sustained bleeding injuries. Hence, a case was registered vide Crime No.17 of before the Thalakondapally Police, Cyberabad, for the offences punishable under Sections 118(1), 352, 79 and 324(4) read with 3(5) of the BNS.

3.

Heard Sri. VSRMV Prasad Sanaka, learned counsel appearing on behalf of the petitioners as well as Sri Syed Yasar Mamoon, learned Additional Public Prosecutor appearing on behalf of the respondent-State.

4.

Learned counsel for the petitioners firstly submitted that the petitioners are innocent and they are no way concerned with the alleged offences. He secondly submitted that though there is no corroborative evidence, the petitioners were implicated in the present case with false and fabricated allegations. He thirdly submitted that even as per the injury certificate, the de-facto complainant sustained simple injuries. He lastly submitted that the petitioners are residents of Ranga Reddy District, with movable and immovable properties, and are willing to furnish sureties as directed and prayed the Court to grant anticipatory bail to the petitioners by allowing this criminal petition.

5.

On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioners stating that there are serious allegations against the petitioners and also the investigation is not yet completed, therefore, granting anticipatory bail to the petitioners, 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 except omnibus allegations, there are

no specific allegations against the petitioners. It is noteworthy that as per the injury certificate, the injuries sustained by the de-facto complainant are simple in nature. 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 petitioners. 7.

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

i.

The petitioners shall surrender before the Station House Officer of Thalakondapally Police Station, Cyberabad Commissionerate, within two weeks from today, and on such surrender, the said Station House Officer shall release them on bail on executing a personal bond for Rs.25,000/- with two sureties, for the like sum each.

ii.

The petitioners 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 petitioners 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: 14.02.2025 gms

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.1489 of 2025 Date: 14.02.2025 gms