Pamarthi Srinivas Rao v. The State Of Telangana

THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.5479 of 2025 ORDER:

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short 'BNSS') seeking anticipatory bail to the petitioner/accused in Crime No.11 of 2025 on the file of the WPS North Zone (Hyderabad), registered for the offences punishable under Sections 498-A, 323, 417, 495 and 506 of IPC and Sections 3, 4 and 6 of DPA.

2.

The case of prosecution in brief is that on 10.02.2025, the complaint lodged a complaint stating that her marriage was performed with the petitioner on 04.05.2023 and they began living together in Kakinada. Later the petitioner and other accused started harassing her and her parents for additional dowry, despite having already received Rs.15 lakhs and 15 tulas of gold before the marriage. Petitioner subjected her to physical and mental abuse, forcing her to leave and return to her parents. After reconciliation meeting where the accused promised to stop the abuse, he resumed his harassment, making further dowry demands, physically assaulting her, and issuing death threats. He also hide facts about his past, including his caste and

family background. He pressured her to sell her property to meet his demands and sent unknown individuals to intimidate her. Basing on the said complaint, Crime No.11 of 2025 was registered. 3.

Heard Sri T.Panduranga Rao, learned counsel for petitioner and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondent-State.

4.

Learned counsel for petitioner submitted that petitioner has not committed alleged offence and he was falsely implicated in the above crime. He further submitted that even according to the allegations made in the complaint, the ingredients of Section 498-A of IPC are not attracted against the petitioner and the punishment prescribed for the other offences is below seven years and the Police with an intention to avoid to follow the procedure prescribed under Section 35(3) of BNSS, included Section 495 of IPC. He further submitted that petitioner is Government employee and if he is arrested and sent for judicial custody, he will lose his employment. He further submitted that the petitioner is not having any other criminal antecedents and he is ready to cooperate with the investigation and

also abide by the conditions, which are going to be imposed by this Court, and hence, prayed for grant of anticipatory bail. 5.

Per contra, learned Additional Public Prosecutor submitted that petitioner has committed grave offence and the investigation is under progress and charge sheet is not yet filed and at this stage if the petitioner is enlarged on anticipatory bail, there is every chance to interfere with the investigation and also influence the witness. Hence, prayed to dismiss the petition.

6.

Having considered the rival submissions made by respective parties and after perusal of the material available on record, it revels that the petitioner is Government Employee and there are matrimonial disputes between him and the complainant. Even according to the learned Additional Public Prosecutor petitioner is not having any other criminal antecedents.

7.

Taking into consideration the said facts, this Court is inclined to grant anticipatory bail to the petitioner/accused subject to the following conditions.

1. The petitioner/accused shall surrender before the Station House Officer of WPS, North Zone

(Hyderabad), on or before 05.05.2025, and on such surrender, the said Station House Officer shall release the petitioner/accused on bail on his executing a personal bond for Rs.25,000/- (Rupees twenty five Thousand only) with two sureties, for the like sum each.

2. After release, the petitioner/accused shall appear before the concerned SHO at 11.00 A.M. on every Sunday, 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/accused shall not influence the witnesses or interfere with the investigation.

4. The petitioner/accused shall abide by the other conditions stipulated in Section 482 (2) Bharatiya Nagarik Suraksha Sanhitha, 2023 and co-operate with the Investigating Officer in investigating the case. 8.

Accordingly, the Criminal Petition is allowed. Miscellaneous applications, pending if any, shall stand closed. ___________________________ JUSTICE J.SREENIVAS RAO Date: 30.04.2025 vsl