Mr.S Somu Amulya v. The State Of Telangana

THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.6104 of 2025 ORDER:

This Criminal Petition is filed under Sections 480 and of Bharatiya Nagarik Suraksha Sanhita, (hereinafter referred to, as 'BNSS') seeking bail to the petitioner/accused No.18 in Crime No.180 of 2025 of Chaitanyapuri Police Station, Hyderabad, registered for the offence under Sections 143(5), r/w 3(5) Bharatiya Nyaya Sanhitha, 2023 (for short 'BNS'), 80, 81, 87 JJA-2015, 88 JJA-2000.

2.

The brief facts of the case are that accused persons are involved in human trafficking and at the time of arrest, police detected sale of two babies and now police found that there are as many as 19 babies who were subjected to trafficking and according to the learned Additional Public Prosecutor number is still on count. The remand case diary, now reveals that 60 persons are involved in trafficking of the babies from various places. Basing on the same, Crime No.180 of 2025 was registered.

3.

Heard Mr.A.L.Raju, learned counsel for the petitioner, and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for the respondent - State. 4.

Learned counsel for the petitioner submitted that the petitioner was falsely implicated in the present crime and he did not commit any offence. He further submitted that the petitioner was arrested on 19.03.2025 and since then he was in judicial custody. It is submitted that petitioner is having two minor daughters and youngest daughter is of three (3) years age and except the petitioner, there is no other person to look after the welfare of the minor daughters. A specific averment is made at paragraph 17 of the Memorandum of Criminal Petition that petitioner is living lonely with two children. He further submitted that the petitioner is ready and willing to abide by the conditions, which are going to be imposed by this Court and he will cooperate with the investigation. Hence, the petitioner may be enlarged on bail. 5.

Per contra, learned Additional Public Prosecutor submitted that petitioner has committed grave offence of human trafficking along with other accused and the

investigation is under progress. At this stage, if the petitioner is granted bail, he will interfere with the investigation and 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 reveals that the petitioner was arrested on 19.03.2025. The petitioner in the present Crl.P. specifically averred that her husband left her and she is living lonely with two minor daughters and that the youngest daughter is aged about 3 years. Even according to the learned Additional Public Prosecutor, material part of the investigation is completed and the petitioner is not having any other criminal antecedents. 7.

Hence, taking into consideration facts and circumstances of the case, this Court is inclined to grant bail to the petitioner/accused subject to the following conditions: (i) The petitioner/accused No.18 shall execute a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only) with two sureties for a like sum each to the satisfaction of the IV Additional Metropolitan Magistrate

cum IV Additional Junior Civil Judge, Cyberabad at L.B.Nagar, Ranga Reddy District. (ii) After release, the petitioner/accused No.18 shall appear before the concerned S.H.O. at 11.00 a.m. on every Monday and Friday for a period of eight (8) weeks, for the purpose of investigation, and thereafter, as and when required.

(iii) After release, if the petitioner/accused No.18 indulges in similar offence, the respondentState is entitled to file an application seeking cancellation of the bail granted by this Court in his favour.

(iv) The petitioner/accused No.18 shall abide by the other conditions stipulated in Section 437(3) of Cr.P.C., presently Section 480(3) of BNSS.

8.

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

_____________________ J. SREENIVAS RAO, J Date:01.05.2025 mrm