Pothula Sathyam @ P. Sattaiah v. The State Of Telangana
The Hon'ble Sri Justice J.Sreenivas Rao Criminal Petition No.4867 of 2025 Order:
This Criminal Petition is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS') by the petitioner/accused, seeking anticipatory bail in Crime No.77 of 2025 of Chaderghat Police Station, Hyderabad, registered for the offence punishable under Section 69 of Bharatiya Nyaya Sanhitha, 2023 (for short 'BNS'). 2.
The case of prosecution in brief is that on 19.02.2025 at abut 18:35 hours, the Station House officer, Chaderghat Police Station, received a complaint from the complainant stating that she has married one Srinivas in the year 2011 and blessed with a daughter and later, she divorced him and is living separately along with her daughter and in the year 2023, she got introduced to the petitioner, who was a government teacher in a government school in her village and now working in shadnagar, and he assured her that he would marry her and
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developed physical intimacy with her and later when she asked to marry, he not only avoided to marry but also threatened to kill her. Based on the said complaint, the aforesaid crime was registered against the accused.
3.
Heard Mr. C.Vijay Shekar Reddy, learned counsel for the petitioner/accused and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for the respondentState. 4.
Learned counsel for the petitioner submitted that the petitioner has not committed any offence and he was falsely implicated in this crime and the ingredients of Section 69 of BNS are not attracted against the petitioner. He further submits that the petitioner is a Government Teacher, working at Shadnagar, and he is not having any criminal antecedents and the complainant lodged the complaint with an intention to harass the petitioner and if anticipatory bail is not to the petitioner, he will lose his employment and prays to grant
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anticipatory bail as he is ready and willing to cooperate with the investigation and abide by the conditions as may be imposed by this Court.
5.
Per contra, learned Additional Public Prosecutor opposed the bail petition and submitted that the petitioner has committed a grave offence and the investigation is under progress and if the petitioner is granted anticipatory bail, there is every chance of his influencing the witnesses and interfering with the investigation and prays to dismiss the criminal petition.
6.
Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the petitioner and the complainant are known to each other from the year 2023 and they lived together and subsequently, disputes arose between them. Even according to the averments made in this application, the petitioner is a Government Teacher working at Shadnagar.
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According to the learned Additional Public Prosecutor, the petitioner is not having criminal antecedents and 3 witnesses were already examined.
8.
In view of the same, this Court is inclined to grant anticipatory bail to the petitioner/accused, subject to the following conditions:
(i) Petitioner/Accused is directed to surrender before the Station House Officer, Chaderghat Police Station, Hyderabad, on or before 22.04.2025;
(ii) On such surrender, the Station House Officer, Chaderghat Police Station, Hyderabad, shall release the petitioner/accused 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/accused shall appear before the Station House Officer, Chaderghat Police Station, Hyderabad, on every Sunday at 11:00 a.m., commencing from 27.04.2025, for a period of eight weeks for the
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purpose of investigation and thereafter, as and when required by the police for investigation. (iv) Petitioner/accused shall not interfere with the investigation nor influence the witnesses.
(v) Petitioners/accused 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.
Accordingly, the Criminal Petition is allowed. As a sequel, miscellaneous petitions, pending if any, stand closed.
___________________ J.SREENIVAS RAO, J Date: 15.04.2025 LUR