Kante Sandeep v. The State Of Telangana

THE HONONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.3613 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.1 in Crime No.60 of 2025 on the file of P.S. Godavari Khani-I Town, Peddapalli District, registered for the offences punishable under Sections 318(2), 318(4), 81 and 351(2) r/w 3(5) of Bharatiya Nyaya Sanhitha, 2023 (for short 'BNS') and Sections 3(1)(r)(s) and 3(2)(va) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2.

The case of prosecution in brief is that on 04.02.2025, the complainant lodged a complaint against the petitioner, alleging that she came into acquaintance with petitioner while she was studying Open Degree at BRAOU and the petitioner introduced himself and developed friendship with her under false pretext of marriage, petitioner had maintained physical relationship with the complainant and had borrowed money for his personal necessities for Rs.12,00,000/- and later the petitioner after securing

employment in Police Department, his parents refused to perform marriage of complainant with the petitioner and abused her in the name of caste, during course of panchayat and had also criminally intimidated the complainant with dire consequences of killing her. Basing on the same a case was registered in Crime No.60 of 2025. 3.

Heard Mr.G.Sanjeev Reddy, learned counsel for the petitioner and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondent No.1-State.

4.

Learned counsel for the petitioner submitted that petitioner has not committed any offence and he was falsely implicated in the said crime. He further submitted that the petitioner acquainted with the complainant in the year 2017 and the complaint was lodged in the year 2025. He further submitted that the petitioner has not abused the complainant in the name of caste. He further submitted that the petitioner was arrested on 06.02.2025 and since then he was in jail. He further submitted that petitioner is ready to abide the conditions, which are going to be imposed by this Court and hence, prayed for grant of bail.

5.

Per contra, learned Assistant Public Prosecutor submitted that petitioner has committed grave offence and the investigation is under progress and at this stage, the petitioner is not entitled for grant of bail.

6.

Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that petitioner is Constable and he was arrested on 06.02.2025 and he is the sole bread winner of the family. 7.

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.1, subject to the following conditions:

(i) The petitioner/accused No.1 shall execute a personal bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only) with two sureties for a like sum each to the satisfaction of I Additional Judicial First Class Magistrate at Godavari Khani.

(ii) The petitioner/accused No.1 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.

iii) The petitioner/accused No.1 shall abide by the conditions stipulated in Section 483 (3) of BNSS.

8.

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

___________________________ JUSTICE J.SREENIVAS RAO Date: 19.03.2025 vsl