Gautam Nagavelli, v. The State Of Telangana
THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.6073 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 petitioners/accused Nos.1 to 3 in Crime No.312 of 2025 on the file of the P.S.Panjagutta, Hyderabad, registered for the offences punishable under Sections 143 and 144 of Bharatiya Nyaya Sanhitha, 2023 (for short 'BNS') and 3,4 and 5 of Prevention of Immoral Trafficking Act (for short 'PIT Act'). 2.
The case of the prosecution is that on 16.03.2025 at 1:30 hours a complaint was received from Inspector of Police Punjagutta Police station stating that on 15.03.2025 at 19:00 hours when he was present at Panjagutta Police station, received credible information that some unknown persons are running brothel house by procuring female sex workers and allowing them to participate in sexual intercourse with customers at H.No.6-3-1177/19, Flat No.101, A1 Aziz Village, Hussain Nagar, Kundanbagh, Hyderabad and collecting an amount of Rs.1500/- to Rs.2000/- from each customer. Believing the said information, he had obtained the search warrant and after securing the
presence of panchas, he, along with his staff and panchas, were proceeded to the said premises. On search, they found accused Nos.2 to 4 and one victim woman and in the presence of panchas, cash of Rs.2000/- (500 x 3, 100 x 5 notes) and 19 unused condom packets of different companies and two phones of accused No.2, one phone of victim, one phone of accused No.4 and one phone of maid servant were seized and affixed the signed panch chits on them. On further enquiry, it is revealed that the main organizer i.e., accused No.1 is absconding.
3.
Heard Mr.Bethi Venkateshwarlu, learned counsel for the petitioners and Mr.Arun Kumar Dodla, learned Additional Public Prosecutor for the respondent-State.
4.
Learned counsel for the petitioners submitted that petitioners have not committed the alleged offence and they were falsely implicated in the above crime. He further submitted that the ingredients of Sections 3, 4 and 5 of the PIT Act are not attracted against the petitioners. He further submitted that the petitioners are permanent residents of Hyderabad and Nalgonda and eking their livelihood by doing business and private job and they are ready and
willing 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 petitioners/accused Nos.1 to 3 has committed grave offences and investigation is under progress and if the petitioners/accused Nos.1 to 3 are granted anticipatory bail at this stage, they will influence the witnesses, and interfere with the investigation and 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 even according to the learned Additional Public Prosecutor, the petitioners are not having any other criminal antecedents. 7.
Taking into consideration the said facts, this Court is inclined to grant anticipatory bail to the petitioners/accused Nos.1 to 3 subject to the following conditions.
1. The petitioners/accused Nos.1 to 3 shall surrender before the Station House Officer of P.S.Panjagutta, Hyderabad, on or before 13.05.2025, and on such surrender, the said Station House Officer shall release the petitioners/accused Nos.1 to 3 on bail on their
executing personal bonds for a sum of Rs.50,000/- each (Rupees fifty thousand) with two sureties, for the like sum each.
2. After release, the petitioners/accused Nos.1 to 3 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 petitioners/accused Nos.1 to 3 shall not influence the witnesses or interfere with the investigation.
4. After release, if petitioners/accused Nos.1 to 3 indulges in similar offence, the respondent-State is entitled to file an application seeking cancellation of the bail granted by this Court in their favour.
5. The petitioners/accused Nos.1 to 3 shall abide by the other conditions stipulated in Section 482 (2) of BNSS 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: 07.05.2025 vsl/sa