Vasala Kalyan Kumar v. The State Of Telangana

THE HON'BLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.5475 of 2025 ORDER:

This criminal petition is filed by the petitioner/A1 under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) seeking regular bail in Crime No.490 of 2025 on the file of Madhapur Police Station, Cyberabad, Ranga Reddy District, registered for the offence punishable under Sections 69 and 115(2) read with Section 3(5) of BNS.

2.

The case of the prosecution is that on 22.03.2025 at 1400 hours one Kumari Pendem Nagalaxmi filed a complaint wherein it is stated that the petitioner came into contact with her and expressed his love. On the assurance given by the petitioner, she along with the petitioner were in physical relationship since 2023 and when she asked him to marry, the petitioner refused her and demanded dowry and that when the complainant approached the petitioner's mother and sister and informed the same, they assaulted her physically and threw her out of the house and threatened her with dire consequences, as a result, she

sustained injury to her eye. Basing on the said complaint, the present crime has been registered.

3.

Heard Sri P. Animi Reddy, learned counsel for the petitioner, and Sri Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondent.

4.

Learned counsel for the petitioner submits that the petitioner has not committed the offence and he was falsely implicated in the present crime. Even according to the allegations made in the complaint, the petitioner and the victim are known to each other and are having physical relationship since 2023, but the complaint was lodged on 22.03.2025. Therefore, the ingredients under Section 69 of BNS do not attract against the petitioner. He further submits that the petitioner was arrested on 25.03.2025 and since then he is in judicial custody. He further submits that the investigating officer has issued notice under Section 35(3) of BNSS in respect of other accused and they are cooperating with the investigation and that the petitioner is ready and willing to cooperate with the investigation and also abide by the conditions that are going

to be imposed by this Court. The petitioner is not having any criminal antecedents.

5.

Per contra, learned Additional Public Prosecutor submits that the petitioner has committed grave offence and investigation is under progress. At this stage, if the petitioner is enlarged on bail, he will interfere with the investigation and also influence the witnesses. 6.

Having considered the rival submissions made by both the parties and after perusal of the material available on record, it reveals that the petitioner and the complainant are known to each other since long time and the petitioner was arrested on 25.03.2025 and since then he is in judicial custody. Even according to the learned Additional Public Prosecutor 9 witnesses were examined and the petitioner is not having any criminal antecedents and that the other accused were issued notice under Section 35(3) of BNSS and they are cooperating with the investigation. 7.

Taking into consideration the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner/A1 on the following conditions:

(1) The petitioner/A1 is enlarged 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 X Additional Metropolitan Magistrate, Cyberabad at Kukatpally, Ranga Reddy District.

(2) The petitioner/A1 shall appear before the concerned SHO at 11:00 A.M. on every Monday for a period of eight (8) weeks or till filing of charge sheet whichever is earlier, for the purpose of investigation and thereafter as and when required.

(3) After release, the petitioner/A1 shall not interfere with the investigation and also influence the witnesses.

(4) The petitioner/A1 shall abide by the conditions stipulated in Section 437(3) of Cr.P.C. (presently, Section 480(3) of the BNSS).

8.

Accordingly, the criminal petition is allowed. Pending miscellaneous applications, if any, shall stand closed.

_________________________________ JUSTICE J.SREENIVAS RAO, J Date: 28.04.2025 ES