Gujju Akhil Kumar v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SARATH CRIMINAL PETITION No.6633 of 2025 ORDER:

This Criminal Petition is filed by petitioner/accused under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS') seeking regular bail in Crime No.152 of 2025 on the file P.S.Jangoan, Warangal District, registered for the offences punishable under Sections 417, 420, 506 of Indian Penal Code, 1860 (for short 'IPC').

2.

Heard learned counsel for the petitioner/accused and learned Additional Public Prosecutor appearing for the respondents.

3.

The case of the prosecution is that on 26.03.2025, the Sub-Inspector of Police, Jangoan Police Station received a complaint from the complainant stating that in the month of September, 2023, while she was working as Typist got acquainted with the petitioner, who is working as Junior Assistant on contract basis. The petitioner

herein on the pretext of love assured her that he would marry her and thereby developed physical relationship with her. When the victim asked the petitioner for marriage, he refused to marry her and said that he will show the photos and chatting proofs to all. Therefore, she requested to take necessary action against the petitioner/accused.

4.

Learned counsel for petitioner/accused submitted that basing on the complaint lodged by the victim, the Police have registered FIR.No.152/2025 on the file of P.S. Jangoan, Warangal District for the offences punishable under Sections 417, 420, 506 of Indian Penal Code, 1860 and the petitioner/accused was remanded to judicial custody on 14.04.2025.

5.

Learned counsel for petitioner/accused submitted that the de facto complainant is not a minor and she being literate and having been engaged as Typist in a Court would have her own knowledge and wisdom and hence it cannot be said that the petitioner made false

promise to her and exploited her sexually. The petitioner/accused is innocent and has been falsely implicated in the case. Moreover, most of the investigation is already completed except filing of Charge Sheet. Therefore, requested this Court to release the petitioner/accused.

6.

Per contra, learned Additional Public Prosecutor submitted that petitioner has committed grave offence, investigation is under progress and if the petitioner granted bail at this stage, he may tamper the evidence and may threaten the witnesses, and hence, prayed to dismiss the petition.

7.

Having considered the rival submissions made by the respective parties and after perusal of the material available on record, most of the investigation is completed except filing of Charge Sheet, therefore, the tampering of evidence does not arise. Further, the petitioner is in judicial custody since 14.04.2025.

8.

Taking into consideration of the above said 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 shall be released on bail on his executing 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 learned Principal Judicial First Class Magistrate, Jangoan.

(ii) The petitioner/accused shall abide by other conditions stipulated in Section 480(3) of BNSS and shall cooperate with the investigation.

9.

Accordingly, the criminal petition is allowed. Miscellaneous applications, pending if any, shall stand closed.

___________________ JUSTICE K.SARATH Date: 28.05.2025 BB/PSS