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High Court for State of TelanganaCRLP/6552/2025allowed no costs

Krishna Goud v. The State Of Telangana

2025-05-21Narsing Rao Nandikonda6 pages

THE HON'BLE SRI JUSTICE NARSING RAO NANDIKONDA CRIMINAL PETITION No.6552 OF 2025 ORDER:

This Criminal Petition is filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, (for short, 'BNSS') by petitioner/accused, seeking bail in Crime No.253 of 2025 on the file of Jubilee Hills Police Station, Hyberabad, registered for the offences punishable under Sections 75(1)(ii), 75(2), 78(1)(i)(ii), 78(2), 79 and 351(2) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') and Section 67 of the Information Technology Act, 2008.

2.

Heard learned counsel appearing for the petitioner/accused and learned Additional Public Prosecutor appearing for the respondent/State. Perused the entire material placed on record. 3.

The case of the prosecution is that the petitioner/accused is the relative of the victim and

got acquainted with her during the marriage of his brother. Since then, they were in regular contact with each other and went to the malls and restaurants.

While things stood thus, petitioner/accused took some photos of the victim and started threatening her to talk with him or else he will viral her photos in social media and will spread rumor that he eloped her for three days and when the victim rejected to talk with him and changed her phone number, he texted her fiancée and asked him to cancel the marriage by stating that they were in love and got acquainted, due to which her marriage was cancelled. As such, the present complaint was lodged against petitioner.

4.

Learned counsel for the petitioner contended that the petitioner is innocent and he was falsely implicated in the alleged offences. He submits that the complaint has been lodged by the victim

against the petitioner based on the concocted story created by her father who is highly influential person and all the alleged offences, except Section 75(2) of the BNS are punishable upto three years and, in fact, her father threatened the petitioner to leave the victim or else he will see his end. He submits that the petitioner's cellphone was already seized from his possession which does not contain any incriminating evidence and the petitioner has been kept in judicial custody since 20.04.2025 and that the petitioner is entitled for bail.

4.

On the other hand, learned Additional Public Prosecutor opposed for grant of bail stating that there are serious allegations levelled against the petitioner and that if he is enlarged on bail there is every chance that he may threaten the victim and other witnesses as the investigation is still under progress.

5.

Having considered the rival submissions made by learned counsel for the respective parties and after perusal of the material available on record, as the record shows that prosecution has already examined LWs 1 to 12 and as it appears that the material part of investigation has been concluded and as the accused is in judicial custody since 20.04.2025, I hold that petitioner/accused is entitled to be enlarged on bail, subject to the following conditions:

(i) The petitioner/accused shall be released on bail on his executing 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 the XVII Additional Chief Judicial Magistrate, at Nampally, Hyderabad.

(ii) After release, petitioner/accused shall appear before the concerned S.H.O.

in between 11.00 a.m and 2.00 p.m. on first and third Sunday of every month for a period of eight (8) weeks or till filing of the charge sheet, whichever is earlier, for purpose of investigation, and

thereafter, as and when required.

(iii) After release, if the petitioner/accused indulges in any offence, the respondentState is entitled to file an application seeking cancellation of the bail granted by this Court.

(iv) The petitioner/accused shall abide by the other conditions stipulated in Section 480(3) of BNSS and shall co-operate with the investigation.

6.

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

__________________________________________ JUSTICE NARSING RAO NANDIKONDA Date: 21.05.2025 Myk/spk

THE HON'BLE SRI JUSTICE NARSING RAO NANDIKONDA Criminal Petition No.6548 of 2025 Dt: 21.05.2025 Myk/spk