Godampally Sidarth @ Chintu v. The State Of Telangana

THE HONONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.2985 of 2025 ORDER:

This Criminal Petition is filed under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short 'BNSS') seeking bail to the petitioner/accused No.2 in S.C.No.503 of 2023 on the file of III Additional Senior Civil Judge-cum-III Additional Chief Judicial Magistrate, Ranga Reddy District at L.B.Nagar, registered for the offences punishable under Sections 307, 394 and 188 of Indian Penal Code, 1860 (for short 'IPC').

2.

Heard Mr.D.Ambedkar, learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State.

3.

Learned counsel for the petitioner submitted that the petitioner is an accused in Crime No.22 of 2023 on the file of Narsingi Police Station for the offences punishable under Sections 25(1B)(b) of Arms Act and the petitioner approached this Court and filed Criminal Petition vide Crl.P.No.13041 of 2024, seeking bail in the above said

crime and this Court granted bail to the petitioner on 14.11.2024, with certain conditions.

Subsequent to registration of above crime i.e., Crime No.22 of 2023, one more crime was registered against the petitioner vide Crime No.23 of 2023, and charge sheet was filed in the said case and the same was numbered as S.C.No.503 of 2023, on the file of III Additional Senior Civil Judge-cum-III Additional Chief Judicial Magistrate, Ranga Reddy District at L.B.Nagar. In the said case, petitioner could not appear before the Court below on the ground that he was in judicial custody in Crime No.22 of 2023. However, the III Additional Senior Civil Judge-cum-III Additional Chief Judicial Magistrate, Ranga Reddy District at L.B.Nagar, issued Non-Bailable warrant (NBW) against the petitioner and the same is pending since 29.02.2024 and when the petitioner tried to appear before the Court below in S.C.No.503 of 2023, petitioner was remanded to judicial custody for execution of NBW and since 07.03.2025, petitioner is in jail and unless the petitioner is enlarged on bail, he will be put to great irreparable loss and hardship.

4.

Per contra, learned Assistant Public Prosecutor has not opposed the submissions made by the learned counsel for the petitioner.

5.

Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the petitioner is accused in S.C.No.396 of 2023 in Crime No.22 of 2023 and in S.C.No.503 of 2023 in Crime No.23 of 2023. The record further discloses that this Court has granted bail to the petitioner in Crime No.22 of 2023 on 14.11.2024 and till such time the petitioner is in jail. Subsequently, the petitioner was remanded to judicial custody in S.C.No.503 of 2023 on the ground of pendency of NBW against him. According to the learned counsel for the petitioner, petitioner could not appear in S.C.No.503 of 2023, only on the ground that he was in judicial custody in Crime No.22 of 2023.

6.

Taking into consideration of the facts and circumstances of the case and submissions made by the respective parties, this Court is inclined to grant bail to the

petitioner/accused No.2, subject to the following conditions:

(i) The petitioner/accused No.2 shall execute a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum each to the satisfaction of III Additional Senior Civil Judge-cum-III Additional Chief Judicial Magistrate, Ranga Reddy District at L.B.Nagar.

(ii) The petitioner/accused No.2 shall appear before the concerned Court as and when required.

iii) The petitioner/accused No.2 shall abide by the conditions stipulated in Section 483 (3) of BNSS.

7.

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

______________________________ JUSTICE J.SREENIVAS RAO Date: 10.03.2025 vsl