Anant Biswas v. The State Of Telangana

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.2789 of 2025 ORDER:

The present Criminal Petition is filed praying this Court to enlarge the petitioner on bail who is the accused in Crime No.137 of 2025 of Shamirpet Police Station, registered for the offences punishable under Section 105 of Bharatiya Nyaya Sanhita, 2023 and under Sections 184 and 185(A) of the Motor Vehicle Act.

2.

The case of the prosecution is that on 14.02.2025 the defacto complainant lodged a report before police stating that at about 4.00 p.m., the co-worker called the complainant and informed that she along with Parashuramulu and others were engaged in the work of gardening at ORR 66 KM by taking necessary precautions, the petitioner herein drove the car bearing No.MH 13 DT 5429 in a drunken condition and caused accident, resulting in the death of Parashuramulu. As such, requested the police to take necessary action against the accused. Basing on the said complaint, the police registered the case against the accused for the above offences.

3.

Heard Sri A. Prabhakar Rao, learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the respondent-State.

4.

The contention of learned counsel for the petitioner is that the percentage of alcohol present in the petitioner is not negligible and there is no knowledge to the petitioner to cause accident. He further submitted that 23 witnesses are already examined including the investigating officer and material part of investigation is already completed. As such requested the Court to grant bail to the petitioner.

5.

On the other hand, learned Additional Public Prosecutor opposed bail on the ground that the offence committed is serious in nature and investigation is still in progress. Hence, prayed to dismiss this petition.

6.

Considering the submissions made by both the counsel and the material on record, the petitioner is in jail from 15.02.2025 and material part of investigation is already completed. Hence, this Court deems it appropriate to grant bail to the petitioner subject to the following conditions:

i.

The petitioner/accused shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties for a like sum each to the satisfaction of VII-Additional Judicial Magistrate of First Class at Medchal, Cyberabad ii.

The petitioner/accused shall appear before the concerned SHO at 11:00 a.m., on every Monday for a period of eight (8) weeks, for the purpose of investigation, and thereafter, as and when required.

iii.

The petitioner/accused shall abide by the conditions stipulated in Section 482(2) of BNSS (previously known as Section 437 (3) of Cr.P.C.) 7.

Accordingly, the Criminal Petition is allowed. Miscellaneous applications, if any pending, shall stand closed. ______________ K. SUJANA, J Date: 04.03.2025 Rds

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.2789 of 2025 DATE: 04.03.2025 Rds