Palakurthi Rakesh v. State Of Telangana
THE HON'BLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.3212 of 2025 ORDER:
This criminal petition is filed by the petitioner/A2 under Sections 480 and 483 of Bharatiya Nagrik Suraksha Sanhita (BNSS) to enlarge him on bail in Crime No.74 of 2025 of Jagtial Town Police Station, Jagtial District, for the offence punishable under Sections 319(2), 308(2), 140(1), 309(4), 351(2) read with 3(5) of the Bharatiya Nyaya Sanhita (BNS).
2.
Heard Sri B. Arjun Rao, learned counsel representing Sri K. Sai Sruthin Rao, learned counsel for the petitioner, and learned Additional Public Prosecutor for the respondent. 3.
The case of the prosecution is that on 30.01.2025 the complainant gave a complaint stating that on 20.01.2025, at about 1:00 p.m., when the complainant was in his office one person named Bhukya Santosh Nayak, working as V6 News Reporter, came to his office for work relating to car subsidy of his relative Guglavat Suneetha and by force handed over cash of Rs.5,000/- to the complainant. On the very next day, the said Bhukya Santosh Nayak sent a video to the complainant's
whatsapp about his taking bribe and demanded money. Thereafter, as per the demand of the said Bhukya Santosh Nayak, on 21.01.2025, 22.01.2025 and 23.01.2025 the complainant gave Rs.1,00,000/-, Rs.2,00,000/- and Rs.5.5 lakhs respectively totaling to Rs.8.5 lakhs to the said Santosh Nayak. Basing on the said complaint, a case in Crime No.74 of 2025 was registered against the petitioner and another for the aforesaid offences.
4.
Learned counsel for the petitioner submits that the petitioner has not committed any offence and he was falsely implicated in the above said crime and that the allegations were levelled against Accused No.1 only. He further submits that the petitioner was arrested on 31.01.2024 and since then he was in judicial custody and he is ready to cooperate with the investigation and also abide by the conditions that are going to be imposed by this Court.
5.
Per contra, learned Additional Public Prosecutor submits that the investigation is in progress and charge sheet is not yet filed and therefore, the petitioner is not entitled for grant of bail.
6.
Having considered the rival submissions made by both the parties and after perusal of the material available on record, it reveals that the entire allegations are leveled against Accused No.1. However, the allegation made against the petitioner is that he was present along with other accused on 21.01.2025, whereas the complaint reveals that there is no specific allegation against the petitioner that subsequent to 22.01.2025 he was present along with Accused No.1.
7.
Taking into consideration the facts and circumstances of the case and that the petitioner was in judicial custody since 31.01.2024, this Court is inclined to grant regular bail to the petitioner on the following conditions:
(1) The petitioner/A2 is enlarged on bail on executing a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousands only) with two sureties for a like sum each to the satisfaction of the I Additional Judicial First Class Magistrate, Jagtial.
(2) The petitioner shall appear before the concerned SHO at 11:00 A.M. on every Monday for a period of eight (8) weeks or till filing of charge sheet whichever is earlier, for the purpose of investigation and thereafter as and when required.
(3) The petitioner shall abide by the conditions stipulated in Section 437(3) of Cr.P.C. (presently, Section 480(3) of the BNSS).
8.
Accordingly, the criminal petition is allowed. Pending miscellaneous applications, if any, shall stand closed.
_________________________________ JUSTICE J.SREENIVAS RAO, J Date: 10.03.2025 ES