Sukumar Das Prabhu v. The State Of Telangana

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.1848 of 2025 ORDER:

Seeking the Court to enlarge the petitioner who is arrayed as accused in Crime No.178 of 2025 of Gachibowli Police Station, Cyberabad Commissionerate District, on bail, the present Criminal Petition is filed.

2.

The brief facts of the case are that the accused exploited the victim sexually under the guise of marriage by suppressing the fact that he already married and having three children. When the victim questioned about the marriage, the accused besides abusing the victim in filthy language, also threatened her with dire consequences. Hence, a case was registered vide Crime No.178 of 2025 before the Gachibowli Police, Cyberabad Commissionerate, for the offences punishable under Sections 69, 318(4), 117(1) and 351(2) of the BNS.

3.

Heard Sri. Anuraadha Chakravarthy, 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 and Sri Dadi Radha Krishna, learned counsel for the de-facto complainant/victim. 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 there is consensual relationship between the victim and the petitioner since 2022. He fourthly submitted that all the material witnesses were examined, and further detention of the petitioner is unnecessary. He fifthly submitted that the petitioner has been in judicial custody since 03.02.2025, causing undue hardship to his family. He lastly submitted that the petitioner is resident of Hyderabad, with movable and immovable properties, and is willing to furnish sureties as directed and prayed the Court to grant bail to the petitioner by allowing this criminal petition. 5.

Per Contra, learned counsel for the de-facto complainant submitted that the accused besides abusing the victim physically, also threatened her with dire consequences and also caused monetary loss to the victim. Hence, he prayed the Court to dismiss the petition.

5.

On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner stating that the investigation is not yet completed, therefore, granting bail to the petitioner, at this stage, does not arise. Hence, he prayed the Court to dismiss the criminal petition.

7.

After considering submissions from both the parties and reviewing the record, it is apparent that there is consensual relationship between the petitioner and the victim since 2022. Hence, since the petitioner is languishing in jail from 03.02.2025 and also material part of the investigation is completed, 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.25,000/- (Rupees Twenty Five Thousand only) each, with two sureties for a like sum each to the satisfaction of the X Additional Metropolitan Magistrate, Cyberabad at Kukatpally, Ranga Reddy District.

ii.

The petitioner shall appear before the concerned SHO at 11:00 a.m., on every Monday for a period of eight (8)

week or till filing of charge sheet whichever is earlier, 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.(presently, Section 480(3) of the BNSS).

8.

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

_______________ K. SUJANA, J Date: 17.02.2025 gms

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.1848 of 2025 Date: 17.02.2025 gms