Avula Akhil v. The State Of Telangana

The Hon'ble Sri Justice J.Sreenivas Rao Criminal Petition No.5369 of 2025 Order:

This Criminal Petition is filed by the petitioner/accused seeking anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS'), in connection with Crime No.254 of 2025 on the file of Station House Officer, Madhuranagar Police Station, Hyderabad, registered for the offence punishable under Section 69 of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS').

2.

The brief facts of the case are that on 08.04.2025 at about 20:00 hours, the Sub-Inspector of Police, Madhuranagar Police Station, received a complaint from the complainant to the effect that she is a private employee and she got acquainted with the petitioner, who assured her to get married and developed physical relationship with her and later when she got pregnant, he gave tablet to abort the pregnancy stating that he would marry her after convincing both their the parents and

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during December, 2024, he got acquainted with another girl and started avoiding the complainant and the complainant informed the same to the parents of the petitioner and the petitioner took her to the tank bund and thrown her mobile phone into water to destroy all evidence including chats, photos and recordings and thereafter, he spoke rudely to the complainant and her siblings. Basing on the said complaint, the aforesaid crime was registered against the accused. 3.

Heard Mr. R.Chandrashekar Reddy, learned counsel for the petitioner/accused and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for the respondent/State.

4.

Learned counsel for the petitioner submitted that the petitioner has not committed any offence as alleged against him and he has been falsely implicated in the crime and the ingredients of Section 69 of BNS are not attracted against the petitioner and the petitioner is a private employee and eking out his livelihood and he is not having any criminal antecedents

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and prays to grant anticipatory bail to the petitioner as he is ready and willing to cooperate with the investigation and abide by the conditions that may be imposed by this Court. 5.

Per contra, learned Additional Public Prosecutor opposed the bail petition stating that the investigation is in progress and at this stage, the petitioner is not entitled for grant of anticipatory bail.

6.

Having considered the rival submissions made by learned counsel for the parties and after perusal of the material available on record, it reveals that the petitioner and victim are known to each other since August, 2023, and even according to the learned Additional Public Prosecutor, the petitioner is not having any criminal antecedents.

7.

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

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(i) Petitioner/Accused is directed to surrender before the Station House Officer, Madhuranagar Police Station, on or before 30.04.2025;

(ii) On such surrender, the Station House Officer, Madhuranagar Police Station, shall release the petitioner/accused on bail on his executing a personal bond for a sum of Rs.50,000/- (Rupees Fifty 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, Madhuranagar Police Station, on every Monday 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/accused shall not interfere with the investigation nor influence the witnesses.

(v) Petitioner/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 investigating officer for conclusion of investigation.

8.

Accordingly, the Criminal Petition is allowed.

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

___________________ J.SREENIVAS RAO, J Date: 24.04.2025 LUR