Muthyala Vishwanath Rao v. The State Of Telangana

The Hon'ble Sri Justice J.Sreenivas Rao Criminal Petition No.4381 of 2025 Order:

This Criminal Petition is filed by the petitioner seeking anticipatory bail under Section 482 of Bharatiya Nagrik Suraksha Sanhita (BNSS), in connection with Crime No.518 of 2025 of Pet Basheerabad Police Station, Cyberabad, registered for the offences punishable under Sections 109 and 85 of Bharatiya Nyaya Sanhita, 2023 (BNS).

2.

Heard Mr. Y.Soma Srinath Reddy, learned counsel for the petitioner and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for the respondent/State. 3.

The brief facts of the case are that on 24.03.2025 at about 14:00 hours, the Sub-Inspector of Police, Pet Basheerabad Police Station, Cyberabad, received a complaint from the complainant stating that she got married to the petitioner on 14.12.2003 at Bhadrachalam temple and in the

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year 2012, she got job as Deputy Commissioner of Police and after that he took her ATM card and threatened her to work in different districts and he never permitted her to live with him and meet her children and he took loan of Rs.70 lakhs on her name and purchased properties without her knowledge and recently, she was transferred to Hyderabad and as on date working as the DCP of Rachakonda Commissionerate and he gave only Rs.5000/- for her expenses and regularly abused her in front of children and homeguards and on 17.03.2025, he argued with her and asked her to bring money to settle as he utilised the apartment maintenance fund and beat her and tried to kill her by holding her throat with hands and the staff rescued her and shifted her to hospital for treatment. Based on the said complaint, the aforesaid Crime was registered against the accused.

4.

Learned counsel for the petitioner submits that the petitioner and the complainant got married on 14.12.2003 and

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since then they are living happily together along with their two children and the allegations made in the complaint are false and the petitioner has never harassed or demanded for additional dowry and the complainant has not sustained any injuries and the ingredients of Sections 109 and 85 of BNS are not applicable and the petitioner is a Government teacher and if he is arrested, he will lose his employment and he does not have any criminal antecedents and prays to grant anticipatory bail as he is ready and willing to cooperate with the investigating officer for investigation and also abide by the conditions that may be imposed by this Court.

5.

Per contra, learned Additional Public Prosecutor submits that investigation is in progress and at this stage, if the petitioner is granted anticipatory bail he will influence the witnesses and interfere with the investigation. 6.

Having considered the rival submissions made by the parties and on perusal of the material available on record, it

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reveals that the marriage between the petitioner and complainant was solemnized on 14.12.2003 and they have two children and the petitioner is a Government teacher and no other cases are pending between them and even according to learned Additional Public Prosecutor, L.W.1 has already been examined.

7.

In view of the same, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions:

(i) Petitioner is directed to surrender before the Station House Officer, Pet Basheerabad Police Station, Cyberabad, on or before 10.04.2025;

(ii) On such surrender, the Station House Officer, Pet Basheerabad Police Station, Cyberabad, shall release the petitioner on bail on his executing a personal bond for a sum of Rs.30,000/- (Rupees Thirty thousand only) with two sureties for a likesum each to the satisfaction of the said Officer;

(iii) On such release, petitioner shall appear before the Station House Officer, Pet Basheerabad

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Police Station, Cyberabad, on every Sunday commencing from 13.04.2025 at 11:00 a.m., for a period of eight weeks for the purpose of investigation and thereafter, as and when required by the police for investigation.

(iv) Petitioner shall not interfere with the investigation nor influence the witnesses.

(v) Petitioner shall abide by the conditions stipulated under Section 438(2) of the Criminal Procedure Code, 1973/Section 482 of BNSS and shall cooperate with the investigation officer for conclusion of investigation.

8.

Subject to the above directions, the Criminal Petition is allowed. No costs.

As a sequel, miscellaneous petitions, pending if any, stand closed.

___________________ J.SREENIVAS RAO, J Date: 03.04.2025 LUR