Summaiya Sadaf @ Sumaiya Begym v. The State Of Telangana

THE HON'BLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No. 5802 of 2025 ORDER:

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short 'BNSS') & Section 12 of Juvenile Justice Act seeking anticipatory bail to the petitioner/CCL in Crime No.114 of 2025 on the file of the Police Station, Police Station, Zaheerabad Town, Sangareddy registered for the offences punishable under Sections 69, 314 (4) of Bharatiya Nyaya Sanhita (BNS).

2.

Heard Mr.

Mohd.

Arif, learned counsel for the petitioner/CCL and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for the respondent/state. 3.

The case of the prosecution is that on 11.02.2025 at about 16.30 hours, the Station House Officer, Jeedimetla Police Station, received a complaint from the complainant stating that in the year 2019, when she was studying Degree, she got acquainted with the petitioner, who assured her to marry and developed physical relationship with her and on 24.12.2024, he took her to his house, had physical contact and recorded her nude videos and photos without her knowledge and later when she conceived, he asked her to get aborted and believing his words, the

complainant took a table and when they decided to get engaged in the presence of elders on 02.02.2025 and informed all the relatives, the petitioner said that he would not marry her and since 06.02.2025, he started sending her private photos and videos to all her friends, relatives, colleagues and her instagram contacts. Basing on the said complaint, the aforesaid crime was registered against the petitioner/CCL for the aforesaid offences. 4.

Learned counsel for the petitioner/CCL submitted that the petitioner has not committed the offence and they were falsely implicated in the present crime. He further submitted that the ingredients under Sections 69 of BNS and Section 67 of the Information Technology Act, 2000 (IT Act) are not applicable against the petitioner. He further contended that the petitioner is a student and not having any criminal antecedents and also contended that the petitioner is ready and willing to cooperate with the investigation and also ready to abide by the conditions, which are going to be imposed by this Court. Hence, the petitioner may be enlarged on anticipatory bail.

5.

Per contra, learned Additional Public Prosecutor submitted that petitioner has committed grave offence. It is further submitted that investigation is under progress and if the

petitioner/CCL granted anticipatory bail at this stage, she may tamper the evidence and may threaten the witnesses, and 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 petitioner is sister of the accused No.1 and allegation is that she helped to commit the offence under Section 67 of the IT Act and it is also clear that the petitioner is a minor girl, student and taking into consideration, the petitioner is not having any criminal antecedents, this Court is inclined to grant anticipatory bail to the petitioner/CCL with the following conditions:

(i) Petitioners/CCL is directed to surrender before the learned Additional Junior Civil Judge-cumJudicial First Class Magistrate, Sangareddy on or before 07.05.2025 and on such surrender, she shall be enlarged on bail on executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties for a like sum to his satisfaction.

(ii) On such release, petitioner/CCL shall appear before the learned Additional Junior Civil Judge-cum-Judicial First Class Magistrate, Sangareddy on every Monday at 11-00 a.m. for

a period of eight (8) weeks or till filing of the charge sheet, whichever is earlier.

(iii) Petitioners/CCL shall abide by the conditions stipulated under Section 482(2) of BNSS and shall cooperate with the Investigating Officer in the investigation.

(iv) Petitioner/CCL shall not interfere with the investigation or influence the witnesses.

7.

Accordingly, the Criminal Petition is allowed. Miscellaneous applications, pending if any, shall stand closed.

____________________ J. SREENIVAS RAO, J Date: 02.05.2025 Bw

THE HON'BLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No. 5802 of 2025 Date:02.05.2025 Bw