Gade Flora Mariya, v. The State Of Telangana,
THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.6696 of 2025 ORDER:
This Criminal Petition is filed under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short 'BNSS') seeking bail to the petitioner/accused No.2 in Crime No.111 of 2025 on the file of the P.S.Mills Colony, Warangal registered for the offences punishable under Sections 61(2), 126(2), 109(1) and 238 of Bharatiya Nyaya Sanhitha, 2023 (for short 'BNS').
3.
The case of the prosecution is that the de-facto complainant lodged a complaint stating that his son, his son is a General Physician and running a clinic near the Water Tank, Kazipet. His son resides on rent near Green Pond School, Hunter Road, with his wife, i.e., petitioner. On 20-02-2025, around 9:30 hrs., while returning from his clinic in his car, unidentified persons stopped him and assaulted him on the head, causing serious bleeding injuries. Locals found him unconscious and sent him to MGM Hospital. The complainant rushed to the hospital and found his son in an unconscious state. Basing on the same a case was registered in Crime No.111 of 2025.
4.
Heard Mr.Ch.Ravinder, learned counsel for the petitioner and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondent-State.
5.
Learned counsel for the petitioner submitted that the petitioner has not committed the alleged offence and she was falsely implicated in the present crime. He further submitted that the petitioner was arrested on 27.02.2025 and since then she is in judicial custody. He further submitted that the entire investigation is completed and the investigation officer has not filed charge sheet even after expiry of statutory period and the petitioner is ready 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. 6.
Per contra, learned Additional Public Prosecutor submitted that petitioner has committed a grave offence and there are serious allegations levelled against her and if the petitioner is released on bail at this stage, she may tamper with 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, it reveals
that the petitioner was arrested on 27.02.2025 and since then she is languishing in jail and material part of the investigation is completed. It is noteworthy that charge sheet is not filed till date. 8.
Taking into consideration the incarceration period, this Court is inclined to grant bail to the petitioner/accused No.2, subject to the following conditions:
(i) The petitioner/accused No.2 shall execute a personal bond for a sum of Rs.25,000/-(Rupees twenty five Thousand only) each with two sureties for a like sum each to the satisfaction of the Additional First Class Magistrate at Hanamkonda. (ii) After release, the petitioner/accused No.2 shall appear before the concerned SHO at 11.00 A.M. on every Monday, for a period of four (4) weeks or till filing of charge sheet whichever is earlier, for the purpose of investigation and thereafter, as and when required.
(iii) After release, if the petitioner/accused No.2 indulges in similar offence, the respondent-State is entitled to file an application seeking cancellation of the bail granted by this Court in her favour. iv) The petitioner/accused No.2 shall abide by the conditions stipulated in Section 480 (3) of BNSS.
9.
Accordingly, the Criminal Petition is allowed. Miscellaneous applications, pending if any, shall stand closed.
___________________________ JUSTICE J.SREENIVAS RAO Date: 09.06.2025 vsl