Komati Vijay Kumar v. The State Of Telangana
THE HON'BLE SRI JUSTICE J.SREENIVAS RAO CRIMINAL PETITION No.5470 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 No.2, seeking anticipatory bail in PRC No.15 of 2025 on the file of the VIII Additional Judicial Magistrate of First Class, Ranga Reddy District at Kukatpally (Crime No.1525 of 2024 of Miyapur Police Station, Cyberabad Commissionerate registered for the offence punishable under Sections 143, 144(2) of the Bharatiya Nyaya Sanhita, 2023). 2.
Heard Mr.P.Trivikram Reddy, learned counsel, representing Mr.K.Chandra Sekhar Reddy, learned counsel for the petitioner and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for respondentState. 3.
The case of prosecution in brief is that on 01.11.2024 at 18.30 hours on receipt of credible information that some persons are running prostitution at Room No. 106, Little Rocks Apartment, Miyapur by
procuring sex workers, Sub Inspector of Police, Miyapur Police Station, secured the presence of two mediators explaining them about the reasons for summoning them and he along with panchas and staff Sri. Mazar Ali, HC 2360, Sri Mallikarjun, PC 4924 and Kum.Rajitha, WPC 11439, rushed to the spot, and initially he sent the Sri Mallikarjun PC 4924, as decay inside the Apartment to verify and confirm the said information is authentic. Accordingly said Police Constable proceeded to the spot and confirmed by giving hand signal, upon which he along with staff and panchas entered into the flat and found one male person in the hall, on enquiry, he revealed his name as Godupally Srinivas Goud S/o Nara Goud, age: 55 yrs, Occ:
Brothel Sub-Organizer, R/o Opposite Gram Panchayath, Mallampet, Dundigal, N/o H.No.2-9-12, Navabpet, Medak. Further he revealed that he is organizing the brothel house along with one Raju @ Kanna. He disclosed his identity and purpose of visit and served search proceedings to him. Then Knocked the first bedroom door, one male person opened the door and one female person also present in the room. On enquiry male person revealed his name as Patimeedi Shrishailam S/o
Narsimha, age: 48 yrs, occ: Driving, R/o H.No.4-428, Tellapur near Masjid. He stated that he is doing sex with lady by paying money to the organizer and on enquiry with female person revealed her name as Katari Subba Laxmi W/o Rambabu, age: 29 yrs, Occ: Sex Worker, R/o Near Vidyalaya School. Yellammabanda, KPHB, N/o H.No.9-153, Kondagudem, Kamavarapu Kota, West Godavari, Andhra Pradesh. Further she stated that she is doing prostitution from last few days. The Victim woman was rescued and handed over to Woman Police Constable Rajitha for safe custody. After that the petitioner recorded the detailed confession cum seizure panchanama of accused A-2 Organizer and Customer A3 in the presence of panchas and seized net cash of Rs. 1,200/-, two Mobile Phones, ten un-used condoms from the possession of accused persons and pasted signed panch chits on them. He brought two accused persons and he rescued female sex worker along with seized material to Police Station for taking necessary action. Basing on the same, the present crime was registered for the aforesaid offences. 4.
Learned counsel for the petitioner submitted that the petitioner has not committed any offence and he was
falsely implicated in this case only basing on the alleged confession statement given by accused No.1. Even according to the allegations levelled in the complaint, the ingredients of Sections 143, 144(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3 to 6 of the Immoral Traffic (Prevention) Act (ITPA), 1956 are not attracted against the petitioner. He further submitted that accused Nos.1 and 3 were already released on bail and after completion of investigation, Investigating Officer filed charge sheet and the same was numbered as PRC No.15 of 2025. The petitioner is not having criminal antecedents and he is ready and willing to cooperate with the investigation and he will abide by the conditions, which are going to be imposed by this Court. Hence, prayed to grant anticipatory bail to the petitioner.
5.
Per contra, learned Additional Public Prosecutor submitted that the petitioner has committed a grave offence and therefore, he is not entitled for grant of anticipatory bail.
6.
This Court considered the rival submissions made by the respective parties and perused the material
available on record. Even according to the learned Additional Public Prosecutor, after completion of investigation, the Investigating Officer filed charge sheet and the same was numbered as PRC No.15 of 2025 on the file of the VIII Additional Judicial Magistrate of First Class, Rangareddy District at Kukatpally. Learned counsel for the petitioner submitted that the very same allegations are levelled against accused Nos.1 and 2 and they were already enlarged on bail and the petitioner is not having any criminal antecedents and the same was not disputed by the learned Additional Public Prosecutor.
7.
Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner/accused No.2, subject to the following conditions:
i) The petitioner/accused No.2 is directed to surrender before the S.H.O., Miyapur Police Station, Cyberabad on or before 18.06.2025 and on such surrender, the Station House Officer is directed to 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 like sum each to his satisfaction.
ii) After release, the petitioner/accused No.2 shall appear
before the concerned Court in PRC No.15 of 2025 on each and every adjournment.
iii) After release, the petitioner/accused No.2 shall abide by the conditions stipulated under Section 482 (2) of BNSS.
8.
Accordingly, the Criminal Petition is allowed. As a sequel thereto, miscellaneous applications, if any, pending in this petition stand closed.
______________________________ JUSTICE J.SREENIVAS RAO Date: 11.06.2025 pgp