Battula Kishore v. The State Of Telangana

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.1873 of 2025 ORDER:

Seeking the Court to enlarge the petitioner who is arrayed as accused in Crime No.27 of 2025 of RGI Airport Police Station, Cyberabad, on bail, the present Criminal Petition is filed.

2.

The brief facts of the case are that despite providing financial assistance to the accused under the guise of love marriage, the accused besides refusing to marry the de-facto complainant by abusing her in filthy language, also planning to marry another girl by deceiving the de-facto complainant. Hence, a case was registered vide crime No.27 of 2025 before the RGI Airport Police, Cyberabad, for the offences punishable under Sections 69 and 318(4) of the BNS.

3.

Heard Ms.Sahithi Sri Kavya, 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 there is no intention to cheat the de-facto complainant as the petitioner is ready to marry her. He thirdly submitted that though there is no corroborative evidence, the petitioner was implicated in the case with false and fabricated allegations. 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 23.01.2025, causing undue hardship to his family. He sixthly submitted that petitioner is resident of Hyderabad, with movable and immovable properties, and is willing to furnish sureties as directed. He lastly submitted that previously, bail application of petitioner, vide Crl.M.P.No.140 of 2025 was dismissed by the XIII Additional District and Sessions Judge, Ranga Reddy District at L.B.Nagar, on 06.02.2025, 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 also 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.

6.

After considering submissions from both the parties and reviewing the record, it is apparent that the petitioner is ready to marry the de-facto complainant. Hence, since the petitioner is languishing in jail from 23.01.2025 and also material part of 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 satisfaction of Additional Junior Civil Judge-Cum-XII Judicial Magistrate of First Class, Ranga Reddy District at Rajendranagar.

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).

7.

Accordingly, Criminal petition is allowed.

Miscellaneous applications, if any pending, shall stand closed.

_______________ K. SUJANA, J Date: 12.02.2025 gms

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.1873 of 2025 Date: 12.02.2025 gms