Smt.Anguri Sirisha v. The State Of Telangana

The Hon'ble Sri Justice J.Sreenivas Rao Criminal Petition No.6715_of 2025 Order:

This Criminal Petition is filed by the petitioner/accused seeking anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS'), in connection with Crime No.69 of 2025 on the file of Station House Officer, Chunchupalli Police Station, Bhadradri Kothagudem District, registered for the offences punishable under Sections 308(2) and 308(5) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS').

2.

The brief facts of the case are that on 14.04.2025 at about 16:00 hours, the Sub-Inspector of Police, Chunchupalli Police Station, received a complaint from the complainant to the effect that on 05.11.2024, she sent an amount of Rs.1,000/- through phonepay to her schoolmate on his request but the petitioner being her friend threatened her that she would inform the same to her husband and demanded money from

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her and got transferred through her phonepay an amount of Rs.1,43,000/- and later she took away her gold finger ring and threatened her with dire consequences. Basing on the said complaint, the aforesaid crime was registered against the accused.

3.

Heard Ms. Madhuri Bhadriraju, learned counsel representing Mr. L.N.Bhadriraju, learned counsel for the petitioner/accused and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for the respondent/State.

4.

Learned counsel for the petitioner submitted that the petitioner has not committed any offence as alleged against her and the petitioner and de facto complainant are close friends and the petitioner availed hand loan of Rs.1,30,000/- from the de facto complainant and executed a receipt on a non-judicial stamp paper on 24.03.2024 agreeing to repay the said amount but due to financial constraints, she failed to repay the same

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and the petitioner has been falsely implicated in the crime only to recover the said amount and the ingredients of Sections 308(2) and 308(5) of BNS are not attracted against the petitioner. Learned counsel further submits that the petitioner is a housewife and mother of an infant aged three months and prays to grant anticipatory bail to her as she is ready and willing to cooperate with the investigation and abide by the conditions that may be imposed by this Court.

5.

Per contra, learned Additional Public Prosecutor opposed the bail petition stating that there are serious allegations leveled against the petitioner and the investigation is in progress and at this stage, the petitioner is not entitled for grant of anticipatory bail.

6.

Having considered the rival submissions made by learned counsel for the parties and after perusal of the material available on record, it reveals that the petitioner and the complainant are known to each other and the petitioner herself

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executed a receipt on a non-judicial stamp paper on 24.03.2025 in favour of the de facto complainant to the effect that she has received an amount of Rs.1,30,000/- as hand loan and would repay the same on 1st May, 2025 without any interest, but failed to repay the same and there are financial disputes between the petitioner and the de facto complainant. Even otherewise, it is stated that the petitioner is mother of an infant aged three months.

7.

In view of the same, this Court is inclined to grant anticipatory bail in favour of the petitioner/accused subject to the following conditions:

(i) Petitioner/Accused is directed to surrender before the Station House Officer, Chunchupalli Police Station, on or before 17.06.2025;

(ii) On such surrender, the Station House Officer, Chunchupalli Police Station, shall release the petitioner/accused on bail on her executing a personal bond for a sum of Rs.30,000/- (Rupees Thirty thousand only) with two sureties for a

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likesum each to the satisfaction of the said Officer;

(iii) On such release, petitioner/accused shall appear before the Station House Officer, Chunchupalli Police Station, on every Monday at 11:00 a.m., for a period of eight weeks for the purpose of investigation and thereafter, as and when required by the police for investigation. (iv) Petitioner/accused shall not interfere with the investigation nor influence the witnesses.

(v) Petitioner/accused shall abide by the conditions stipulated under Section 438(2) of the Criminal Procedure Code, 1973/ Section 482 of BNSS and shall cooperate with the investigating officer for conclusion of investigation.

8.

Accordingly, the Criminal Petition is allowed. As a sequel, miscellaneous petitions, pending if any, stand closed.

___________________ J.SREENIVAS RAO, J Date: 09.06.2025 LUR