Binoy Koshy, v. The State Of Telangana

The Hon'ble Sri Justice J.Sreenivas Rao Criminal Petition No.6772 of 2025 Order:

This Criminal Petition is filed by the petitioner/accused under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking regular bail in connection with Crime No.206 of 2025 on the file of the Station House Officer, Kollur Police Station, Cyberabad, registered for the offence punishable under Section 69 of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS').

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Heard Mr. G.Veerababu, learned counsel representing Mr. Allam Ramesh, learned counsel for the petitioner/accused and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for the respondent/State. 3.

The case of the prosecution is that on 20.04.2025 at about 18:00 hours, the Station House Officer, Kollur Police Station, received a complaint from the complainant stating that

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she is a divorcee and used to stay in Bahrain along with her daughter and in the year 2019, she got acquainted with the petitioner on Shaadi.com website, and on his assurance to get married and maintain both of them, she along with her daughter shifted to India and started living with the petitioner and his son as a family and later in the year 2021, petitioner forced the complainant to start a business in Kerala and after the complainant invested all her savings in the venture, petitioner withdrew the entire amount and demanded the complainant to shut down the business and subjected her to frequent mental, emotional and physical abuse by controlling her behavior and keeping her in financial isolation. Recently, when she went to her hometown and returned on 19.04.2025, petitioner engaged two goondas, who did not permit her to enter the house. Basing on the said complaint, the aforesaid Crime was registered against the petitioner/accused for the aforesaid offences.

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Learned counsel for the petitioner/accused submits that the petitioner has not committed any offence and he was falsely implicated in the aforesaid crime. He further submits that even according to the complaint, the petitioner and the complainant are living together since the year 2020, whereas the complaint has been filed nearly after five years on 20.04.2025, and therefore, the ingredients of Section 69 of BNS are not attracted against the petitioner. He further submits that the petitioner was arrested on 07.05.2025 and since then, he is in judicial custody and the investigation is completed and the petitioner is not accused in any other crime and prays to grant bail to the petitioner as he is ready and willing to cooperate with the investigating officer for investigation and abide by the conditions that may be imposed by this Court.

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Per contra, learned Additional Public Prosecutor submits that the petitioner/accused committed grave offence and the

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and the investigation is not yet completed and if the petitioner is granted anticipatory bail at this stage, there is every chance of his influencing the witnesses and interfering with the investigation. Hence, he prays to dismiss this criminal petition. 6.

Having heard learned counsel for the parties and on perusal of the record, it reveals that the petitioner and the complainant are known to each other since the year 2020 and hence, the ingredients of Section 69 of BNS are not attracted against the petitioner.

The petitioner was arrested on 07.05.2025 and since then he is in judicial custody. Even according to the learned Additional Public Prosecutor, the main witnesses were already examined.

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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 execute a personal bond for a sum of Rs.30,000/-(Rupees Thirty Thousand only) with two sureties for a like sum

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each to the satisfaction of Special Judicial Magistrate of First Class -cum- Prohibition and Excise Cases, Sanga Reddy.

(ii) On such release, the petitioner/accused shall appear before the concerned Station House Officer at 11.00 A.M., on every Monday, for a period of eight (8) weeks or till filing of charge sheet whichever is earlier, for the purpose of investigation and thereafter, as and when required. (iii) The petitioner/accused shall abide by the conditions stipulated in Section 483 (3) of BNSS. 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