Peddagolla Kistaiah v. State Of Telangana

THE HONOURABLE SRI JUSTICE K.SARATH CRIMINAL PETITION No.6681 of 2025 ORDER:

This Criminal Petition is filed by the petitioner/accused under Sections 480 and 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 (for short 'BNSS') seeking regular bail in Crime No.145 of 2024 on the file of SHO., Darur, Vikarabad District for the offences under Sections 75 of BNS, 9 (f), 9(1), 9(m) r/w Section 10 of Protection of Children from Sexual Offences (for short 'POCSO Act') Act, 2012.

2.

Heard the learned Counsel for the petitioner/accused and the learned Additional Public Prosecutor for the respondent-State. 3.

The learned Counsel for the petitioner would submit that basing on a false complaint police registered a case against the petitioner under POCSO Act. The petitioner never committed any offence as alleged by the prosecution. Further, the petitioner is in judicial remand from 07.02.2025 i.e., more than 109 days and in this case entire investigation is completed and charge sheet is also

filed, but it was not numbered, as such tampering of evidence does not arise and requested to release the petitioner on bail. 4.

On the other hand, the learned Additional Public Prosecutor opposed the bail application, however, has not disputed about the submission of the learned Counsel for the petitioner about filing of charge sheet.

5.

Having heard both sides, and on perusing the record and entire investigation is completed and the petitioner is in judicial remand from 07.02.2025 i.e., more than 109 days, no purpose would be served if the petitioner is further detained in the jail. 6.

In view of the same, 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.50,000/-(Rupees Fifty thousand only) with two sureties for a like sum each to the satisfaction of the Additional Judicial Magistrate of First Class, Vikarabad District. (ii) The petitioner/accused shall abide by the other conditions stipulated in Section 480(3) of

BNSS and shall cooperate with the investigation.

7.

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

_______________________ JUSTICE K.SARATH Date: 28.05.2025 Trr/tmk/psw