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High Court for State of TelanganaCRLP/3224/2025allowed no costs

A. Sathish Kumar v. The State Of Telangana

2025-03-17J Sreenivas Rao4 pages

THE HONONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.3224 of 2025 ORDER:

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short 'BNSS') seeking anticipatory bail to the petitioner/accused No.2 in Crime No.286 of 2025 on the file of the P.S. Madhapur, Cyberabad, registered for the offences punishable under Sections 143 and 144 of Bharatiya Nyaya Sanhitha, 2023 (for short 'BNS') and Sections 3 and 4 of the Immoral Traffic (Prevention) Act, 1956 (for short PIT Act).

2.

The case of prosecution in brief is that petitioner and other accused are procuring sex workers from various places under the pretext of providing jobs, lodging them in the premises, and engaging them in prostitution by offering higher money. They are also sending victims and customers to the said premises and collecting amount. Basing on the same a case was registered in Crime No.286 of 2025.

3.

Heard Sri G.Vasantha Rayulu, learned counsel representing Sri Chokki Narender, learned counsel for petitioner and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondent-State.

4.

Learned counsel for petitioner submits that basing on the confession statement given by the customer only, Police included petitioner as accused in the present crime and there are no specific allegations against the petitioner. He further submits that the ingredients of offence under Sections 3 and 4 of the PIT Act are not attracted and the petitioner is not involved in any other crime. He further submitted that entire investigation is completed and the petitioner is ready to cooperate with the investigation and also ready to abide the conditions, which are going to be imposed by this Court and hence, prayed for grant of anticipatory bail. 5.

Per contra, learned Additional Public Prosecutor submitted that investigation is under progress and if the petitioner/accused No.2 is released on bail at this stage, he may tamper with the evidence and may threaten the witnesses, and hence, prayed to dismiss the petition.

6.

Having heard both sides and perused the record, it reveals that basing upon the confession statement given by the customer only, petitioner is arrayed as accused in the above crime and petitioner is not involved in any other crime. 7.

Taking into consideration of the above facts, this Court is of the considered view that petitioner/accused No.2 is also entitled for grant of anticipatory bail, subject to the following conditions:

1. The petitioner/accused No.2 shall surrender before the Station House Officer of P.S. Madhapur, cyberabad on or before 21.03.2025, and on such surrender, the said Station House Officer shall release the petitioner/accused No.2 on bail on his executing a personal bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, for the like sum each.

2. The petitioner/accused No.2 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/accused No.2 shall abide by the other conditions stipulated in Section 482 (2) Bharatiya Nagarik Suraksha Sanhitha, 2023 and co-operate with the Investigating Officer in investigating the case.

8.

Accordingly, the Criminal Petition is allowed.

Miscellaneous applications, pending if any, shall stand closed.

____________________________ JUSTICE J.SREENIVAS RAO Date: 17.03.2025 vsl