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High Court for State of TelanganaCRLP/1928/2025allowed no costs

Bhukya Gangadhar, v. The State Of Telangana,

2025-02-20K. Sujana5 pages

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.1928 of 2025 ORDER:

This Criminal Petition is filed under section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for granting of pre-arrest bail to the petitioner/accused No.4in Crime No.74 of 2025 of Jagtial Town Police Station, Jagtial District. 2.

The brief facts of the case are thatthe accused persons besides forcefully taking the money from the de-facto complainant, also demanded to give more money by blackmailing him with dire consequences. Hence, a case registered vide Crime No.74 of 2025 before the Jagtial Town Police, Jagtial District, for the offences punishable under Sections 319(2), 308(2), 140(1), 309(4), 351(2) read with 3(5) of the BNS.

3.

Heard Sri Y.Soma Srinath Reddy, learned counsel representing Sri Gunturu Sushanth Kumar, 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 solely based on the confession of other accused. He thirdly submitted that the petitioner has no role in the alleged crime. He lastly submitted that the petitioner is resident of Jagtial District, with movable and immovable properties, and is willing to furnish sureties as directed and prayed the Court to grant anticipatory bail to the petitioner.

5.

On the other hand, learned Additional Public Prosecutor submitted that theaccused persons blackmailed the de-facto complainant by demanding to give more money and also 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 without there being any incriminating evidence, the petitioner was implicated in the case solely

based on the confession of other accused persons. 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.25,000/- with two sureties, for the like sum each.

ii.

The petitioner shall appear before the concernedStation 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 ininvestigating the case.

Miscellaneous applications, if any pending, shall stand closed.

_______________ K. SUJANA, J Date: 20.02.2025 gms

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.1928 of 2025 Date: 20.02.2025 gms