Mounika Chepuri v. The State Of Telangana

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.2894 of 2025 ORAL ORDER:

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of pre-arrest bail to the petitioner, who is arrayed as accused No.1 in SC.SPL.No.173 of 2024 before the Garla Bayyaram Police Station, Telangana State, registered for the offences punishable under Sections 143, 290, 506, 447, 436 r/w 149 of IPC, 3(1)(r)(s), 3(2)(va) of SC/ST (POA) Act.

2.

The brief facts of the case are that on July 18, 2023, Banoth Kotesh, a 30-year-old from Jagathraopeta, lodged a complaint stating that he was harassed and threatened by a group of people, including petitioner, her family members, and others, who were armed with sticks and axes. The group allegedly damaged his property, poured petrol on his hut, and set it on fire, while also abusing his wife and mother with caste-based slurs. It

was alleged by the complainant that the petitioner had previously stopped the transformer and frightened them, and that she threatened to harm him. On receipt of the said complaint, the police registered case against the petitioner for the offences as alleged. Aggrieved thereby, this Criminal Petition is filed.

3.

Heard Sri G.Srinivas, learned counsel for petitioner, and Sri Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for respondent - State.

4.

Learned counsel for the petitioner submitted that the allegations leveled against the petitioner are false, frivolous and vague. He contended that the petitioner was implicated in the said case due to prevalence of civil disputes between the parties. He asserted that after filing of the said complaint, the parties have entered into compromise, and that the compromise letter dated 06.11.2023 is also filed for perusal of the Court. He averred that the de facto complainant himself is not

interested in contesting or proceedings with the case, and that the chargesheet in the case is also filed, as such, prayed this Court to allow this Criminal Petition, granting the relief of anticipatory bail to the petitioner. 5.

On the other hand, the learned Additional Public Prosecutor, had vehemently opposed the submissions made by learned counsel for petitioner, stating that the offences alleged against the petitioner are of serious nature and that the petitioner is the prime accused in the said case, as such, he prayed that the Court dismiss the criminal petition.

6.

Having regard to the rival submissions made, and on going through the material placed on record, it is noted that the parties have already compromised the matter and the compromise letter dated 06.11.2023 is also filed. Further, the charge sheet in the case is also filed. Therefore, this Court deems it fit to grant pre-arrest bail to the petitioner subject to the following conditions:

i.

The petitioner shall surrender before the Special Sessions Judge for Trial of Cases under SCs/STs Act-cum-II Additional District and Sessions Judge, at Warangal, within two weeks from today, and on such surrender, the said Court shall release her on bail on executing a personal bond for Rs.25,000/- with two sureties, for the like sum each.

ii.

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 in investigating the case.

iii.

The petitioner shall appear before the concerned Investigating Officer on every Monday between 09:00 a.m, and 05:00 p.m., till the filing of the charge sheet and thereafter, as and when required

7.

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

_______________ K. SUJANA, J Date: 07.03.2025 PT

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.2894 of 2025 Date: 07.03.2025 PT