Shamarthi Maheshwari v. The State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.2744 of 2026 DATE: 09.03.2026 BETWEEN:

Shamarthi Maheshwari .....petitioner/accused No.1 And The State of Telangana, Rep. by Public Prosecutor, High Court for the State of Telangana, at Hyderabad.

.....Respondent/complainant

ORDER

This Criminal Petition is filed praying this Court to enlarge the petitioner on bail who is arrayed as accused No.1 in Crime No.132 of 2026 before the Medchal Police Station, Medchal - Malkajgiri District, registered for the offence

punishable under Sections 143(3), 144(2) of BNS and Sections 3, 4 and 5 of Pit Act.

2.

The brief facts of the case are that on 06.02.2026 at about 21:00 hours, the Detective Inspector of Police, Medchal Police Station, received credible information that prostitution activities were being conducted at a house bearing P.No.634, KLR Venture, Medchal. After making a GD entry and obtaining permission from the ACP, he proceeded to the spot along with staff and panch witnesses. During the raid, one woman was found in the hall and a male customer with a sex worker in one bedroom, while two other women were found in another bedroom. They were taken into custody. It was alleged that the petitioner was running prostitution by procuring women and arranging customers for money. Cash of Rs.2,500/-, three mobile phones, condoms and other material were seized.

3.

Heard Sri Ganta Rakesh, learned counsel appearing on behalf of the petitioner as well as Sri M. Ramachandra Reddy, learned Additional Public Prosecutor appearing on behalf of the respondent - State.

4.

Learned counsel for the petitioner submitted that the petitioner was innocent and falsely implicated in the case and that the case was based only on an alleged confession before police, which was inadmissible in evidence, and that no independent mediators were secured during the raid. He further submitted that the mandatory provisions of the Immoral Traffic (Prevention) Act were not complied with and that the seized cash and mobile phones did not establish that she was running a brothel. The petitioner had been in judicial custody since 07.02.2026, investigation was substantially completed, and custodial interrogation was not required. Therefore, he 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 the allegations against the petitioner are serious and heinous in nature. Further, the investigation was not yet completed. At this stage, granting of bail to the petitioner does not arise. Therefore, he prayed the Court to dismiss the criminal petition.

6.

In the light of the submissions made by both the learned counsel and a perusal of the material available on record, it appears that the petitioner is in jail since 07.02.2026. As seen from the record, the material part of the investigation has been completed and L.Ws.1 to 13 witnesses have been examined.

Considering the facts and circumstances of the case and the incarceration period of the petitioner, 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.15,000/- (Rupees Fifteen Thousand only) each, with two sureties for a like sum each to the satisfaction of the learned IX Additional Judicial Magistrate of First Class, Medchal Malkajgiri at Medchal.

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

_______________ K. SUJANA, J Date: 09.03.2026 SAI

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.2744 of 2026 Date: 09.03.2026 SAI