Ainaboina Sabarish Yadav, v. The State Of Telangana,

THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.5575 of 2025 ORDER:

This Criminal Petition is filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS') by the petitioner, who is arrayed as accused No.1, seeking bail in Crime No.85 of 2025 of Musheerabad Police Station, Hyderabad, registered for the offence punishable under Sections 85 and 108 r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS).

2.

The case of prosecution in brief is that on 27.03.2025, the defacto complainant lodged a complaint stating that her daughter committed suicide by jumping from 3rd floor of building, due to unbearable harassment of petitioner and other accused. Basing on the same, a case was registered in Crime No.85 of 2025. 3.

Heard Mr.Y.Soma Srinath Reddy, learned counsel for the petitioner and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for respondent No.1-State. 4.

Learned counsel for the petitioner submitted that the petitioner is innocent person and he did not commit the alleged offence and he was falsely implicated in this crime. He further submitted that the

marriage of the petitioner and the deceased was performed on 13.11.2024 and since then they lived together and petitioner never harassed the deceased for additional dowry and never instigated the deceased to commit suicide, at any point of time. He further submitted that even according to the allegations made in the complaint, the ingredients of Sections 85 and 108 of BNS are not attracted against the petitioner. He further submitted that the petitioner was arrested on 31.03.2025 and since then he is in judicial custody and he is not having any other criminal antecedents. He further submitted that the material part of the investigation is completed, except filing of charge sheet and the petitioner is ready to cooperate with the investigation and also ready to abide by the conditions, which are going to be imposed by this Court and hence, prayed for grant of bail.

5.

Per contra, learned Additional Public Prosecutor opposed the bail petition and submitted that the petitioner has committed a grave offence and the investigation is not yet completed. Therefore, if the petitioner is released on bail, there is every chance to influence the witnesses and to interfere with the investigation. Hence, prayed to dismiss the petition.

6.

Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the petitioner was arrested on 31.03.2025 and since then he is in judicial custody. Even according to the learned Additional Public Prosecutor 14 witnesses were already examined and material part of the investigation is completed and petitioner is not having any other criminal antecedents.

7.

Taking into consideration the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner/accused No.1, subject to the following conditions:

(i) The petitioner/accused No.1 shall execute 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 XVII Additional Chief Judicial Magistrate, Hyderabad.

(ii) The petitioner/accused No.1 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.

(iii) After release, petitioner/accused No.1 shall not influence the witnesses or interfere with the investigation.

(iv) The petitioner/accused No.1 shall abide by the conditions stipulated in Section 483 (3) of BNSS.

8.

Accordingly, the Criminal Petition is allowed. Miscellaneous applications, pending if any, shall stand closed. ______________________________ JUSTICE J.SREENIVAS RAO Date: 29.04.2025 vsl