Kurandas Shiva Sanhkar v. The State Of Telangana

THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No. 5342 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.7 in Crime No.236 of 2025 on the file of the P.S. L.B.Nagar, Ranga Reddy District, registered for the offences punishable under Sections 178, 179, 180, 182, 318(4) and 61(2) of BNS.

2.

The case of the prosecution is that on 13.03.2025, the police received credible information through a source that 6 to 7 persons were coming to exchange counterfeit Indian currency at 1:4 ratio and fake gold biscuits in front of Mc.Donald's, near Chinthalakunta X Road, L.B. Nagar. Believing the information to be reliable, superior officers made a GD entry and observed seven persons gathered and moving suspiciously. They then concealed their presence, kept watch on the suspected individuals, and apprehended petitioner and other accused and seized counterfeit currency. Basing on the same, Crime No.236 of 2025 was registered.

3.

Heard Mr.R.Sai Sumanth, learned counsel representing Mr.Medisi Ratna Rao, learned counsel for the petitioner and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondent-State.

4.

Learned counsel for the petitioner submitted that the petitioner has not committed the offence and he was falsely implicated in the above crime. He further submitted that the Police have not seized fake currency from the petitioner and they have only seized original currency of Rs.4,00,000/- from the petitioner and the entire allegations are levelled against accused Nos.1 to 6. He further submitted that even according to the allegations made in the complaint and as well as in the remand report, the ingredients of Sections 178, 179 and 180 of BNS are not attracted against the petitioner. He further submitted that the petitioner was arrested on 13.03.2025 and since then he is in judicial custody. He further submitted that accused Nos.2 and 3 in the said crime were already enlarged on bail on 17.04.2025, pursuant to the orders of the learned XI Additional District and Sessions Judge, Ranga Reddy District and the petitioner shall abide by the conditions, which are going to be imposed by this Court, and he is ready to cooperate

with the investigation. Hence, the petitioner may be enlarged on bail.

5.

Per contra, learned Additional Public Prosecutor submitted that petitioner has committed grave offence and the investigation is under progress and hence, 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, including remand report, it reveals that the Police seized original currency of Rs.4,00,000/- from the petitioner and petitioner was arrested on 13.03.2025 and since then he is in judicial custody and accused Nos.2 and 3 were already enlarged on bail on 17.04.2025 pursuant to the orders of the learned XI Additional District and Sessions Judge, Ranga Reddy District. Even according to the learned Additional Public Prosecutor, petitioner is not having any other criminal antecedents and 16 witnesses were already examined. 7.

Taking into consideration of the above said facts and circumstances of the case, this Court is inclined to grant bail to the petitioner/accused No.7, subject to the following conditions: (i) The petitioner/accused No.7 shall be released on bail on executing 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 the II Additional Magistrate-cum-II Additional Junior Civil Judge at L.B.Nagar.

(ii) After release, the petitioner/accused No.7 shall appear before the concerned S.H.O. at 11.00 a.m. on every Monday for a period of eight (8) weeks or till filing of the charge sheet, whichever is earlier, for the purpose of investigation, and thereafter, as and when required.

(iii) After release, if the petitioner/accused No.7 indulges in similar type of offence in future, the respondentState is entitled to file application seeking cancellation of bail granted in his favour.

(iv) The petitioner/accused No.7 shall abide by the other conditions stipulated in Section 437(3) of Cr.P.C., presently Section 480(3) of BNSS and shall cooperate with the investigation.

8.

Accordingly, the Criminal Petition is allowed. Miscellaneous applications, pending if any, shall stand closed. ___________________________ JUSTICE J.SREENIVAS RAO Date: 23.04.2025

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