Sister Mariamma Alias Chatla Saiamma, 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.3610 of 2026 DATE: 18.03.2026 BETWEEN:

Sister Mariamma @ Chatla Saiamma and another ..... Petitioners/Accused Nos.2 and 3 And The State of Telangana, Rep. by the Public Prosecutor, High Court of Telangana.

Through SHO, Medchal Police Station, Cyerabad Commissionerate.

..... Respondent

O R D E R

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of prearrest bail to the petitioners, who are arrayed as accused Nos.2 and 3 in Crime No.102 of 2026 before the Medchal Police Station, Cyberabad Commissionerate, registered for the offences punishable under Sections 276(2)(j), 376(2)(l), 376(2)(n), 354 A(1)(ii) of IPC and 5(d), 5(k), 5(l), 6 and 7 read with 8 of POCSO Act, 2012.

2.

The brief facts of the case are that, on 30.01.2026, the defacto complainant lodged a report before the Police stating that she has been working for the past 12 years at Nightingale Home for Girls, located at Musheerabad, where shelter and educational support are provided to orphan, semi-orphan, street, and abandoned children, in accordance with the orders of the Child Welfare Committee (CWC). She further stated that certain children residing in the home, who were identified as slow learners with low IQ levels, were produced before the Child Welfare Committee (CWC), Hyderabad. On 21.11.2022, the CWC issued an order directing that such children be admitted to St. Ann's Mano Vikas Special School-cum-Residential Hostel. Accordingly, after three days, two girls were sent from the home to the said institution.

It was subsequently reported that Accused No.1 had misbehaved with one of the victims and had sexually exploited her. It was further alleged that Accused Nos.2 and 3 were aware of the said incident but failed to report the matter either to the police or to the Child Welfare Committee (CWC). Hence, the complainant requested that necessary action be taken against the accused. Based on the said complaint, the police registered an FIR for the aforesaid offences.

3.

Heard Sri Srinivas Swarup, learned counsel appearing on behalf of the petitioners, and Sri M. Ramachander Reddy, learned Additional Public Prosecutor appearing on behalf of the respondent-State.

4.

Learned counsel for the petitioners submitted that the petitioners are innocent of the allegations and that mere nonreporting of the incident by the petitioners does not constitute the offences alleged against them and that the petitioners are ready and willing to cooperate with the investigation. Hence, prayed the Court to grant pre-arrest bail to the petitioners. 5.

On the other hand, the learned Additional Public Prosecutor opposed the submissions, contending that the allegations against the petitioners are serious and grave in nature, and that despite being aware of the acts of Accused No.1, the petitioners failed to inform the same to the police, which indicates their involvement in the commission of the offence. He further submitted that as the investigation is still in progress, grant of pre-arrest bail at this stage is not warranted. Hence, he prayed for dismissal of the petition.

6.

In light of the submissions made by both sides and upon perusal of the material available on record, it is evident that the petitioners are arrayed as Accused Nos.2 and 3, and the only allegation against them is that they failed to report the incident either to the police or to the Child Welfare Committee (CWC). Considering these aspects, this Court deems it appropriate to grant pre-arrest bail to the petitioners, subject to the following conditions:

i.

The petitioners shall surrender before the Station House Officer, Medchal Police Station, Cyberabad Commissionerate within two weeks from today, and on such surrender, the said Station House Officer shall release the petitioners on bail on their executing a personal bond for Rs.25,000/- (Rupees Twently Five Thousand only) each with two sureties, for the like sum each.

ii.

The petitioners shall appear before the concerned SHO between 09.00 a.m. and 05.00 p.m., on every Wednesday for a period of eight (8) weeks, for the purpose of investigation or till filing of charge sheet whichever is earlier and thereafter, as and when required.

iii.

The petitioners shall abide by the other conditions stipulated in Section 482 (2) of BNSS and co-operate with the Investigating Officer in investigating the case.

7.

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

_______________ K. SUJANA, J Date: 18.03.2026 SS

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.3610 of 2026 Date: 18.03.2026 SS