Dasari Sammakka v. The State Of Telangana
THE HON'BLE SRI JUSTICE SREENIVAS RAO CRIMINAL PETITION No.6933 of 2025 Order:
This Criminal Petition is filed by the petitioners/accused Nos.6 to 8, seeking anticipatory bail under Section 482 of Bharatiya Nagrik Suraksha Sanhita (BNSS), in connection with Crime No.111 of 2025 of Indalwai Police Station, Nizamabad District, registered for the offences punishable under Sections 331 (4) & 305 of the Bharatiya Nyaya Sanhitha, 2023 (for short 'BNS').
2.
The case of prosecution in brief is that on 25.04.2025, the defacto complainant lodged a complaint stating that A-1, A-2 and A-5 broke open the lock of the house of the complainant in the night of 24.04.2025 and committed theft of 20 grams of Gold biscuit, mangalasutra 0.8 grams, ear rings 0.9 grams and 20 tulas of silver anklets and net cash of Rs.50,000/-. The petitioners received the said properties stolen by A-1, A-2 and A-5 from the house of the de facto complainant.
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Heard Mr.D. Surakshith Rao, learned counsel representing Mr.Nimma Narayana, learned counsel for the petitioner and Mr.Syed
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Yasar Mamoon, learned Additional Public Prosecutor for the respondentState. 4.
Learned counsel for the petitioner submitted that the petitioners have not committed any offence and they were falsely implicated in this case. Even according to the allegations made in the complaint copy, the allegations are leveled against A-1 to A-4 only who stolen the property. The only allegation against the petitioners is that they have received the stolen property from A-1 to A-4, though the petitioners have not received the stolen property. The police implicated the petitioners as accused only on the ground that they are relatives of A-1 to A-4. The allegations under Section 331 (4) of BNS are not attracted against the petitioners. The petitioners are being women and petitioner Nos.2 and 3 are having small children and the petitioner No.1 is household woman suffering with health problems. He further submitted that petitioners are not having any criminal antecedents and they are ready and willing to cooperate with the investigation and also ready to abide by the conditions, which are going to be imposed by this Court and hence, prayed for anticipatory bail. 5.
On the other hand, learned Additional Public Prosecutor submitted that the petitioners have committed grave offence and the investigation is under progress. Therefore, if the petitioners are granted anticipatory bail,
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at this stage, there is every chance to influence the witnesses and to interfere with the investigation. Hence, prayed to dismiss the petition. 6.
Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that A-1 to A-4 have stolen the subject property. Even according to the learned Additional Public Prosecutor the petitioners are not having any criminal antecedents and 7 witnesses were already examined. The record further reveals that the petitioner Nos.2 and 3 are having small children and petitioner No.1 is suffering with ill-health and all the petitioners are women.
7.
Taking into consideration the said facts, this Court is inclined to grant anticipatory bail to the petitioners/accused Nos.6 to 8 subject to the following conditions.
1. The petitioners/accused Nos.6 to 8 shall surrender before the Station House Officer of Indalwai Police Station, Nizamabad District, on or before 02.07.2025, and on such surrender, the said Station House Officer shall release the petitioners/accused Nos.6 to 8 on bail on their executing a personal bond for Rs.10,000/- (Rupees ten thousand only) with two sureties, for a like sum each.
2. After release, the petitioners/accused Nos.6 to 8 shall appear before the concerned SHO as and when required
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for the purpose of investigation and thereafter, as and when required.
3. After release, the petitioners/accused Nos.6 to 8 shall not influence the witnesses or interfere with the investigation.
4. The petitioners/accused Nos.6 to 8 shall abide by the other conditions stipulated in Section 482 (2) Bharatiya Nagarik Suraksha Sanhitha, 2023 and co-operate with the Investigating Officer in investigating the case.
5. If the petitioners/accused Nos.6 to 8 after release on anticipatory bail, if they are indulged in similar offence, liberty is granted to the respondent to file application for cancellation of anticipatory bail.
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Accordingly, the Criminal Petition is allowed. As a sequel, miscellaneous petitions, pending if any, stand closed. _____________________ J.SREENIVAS RAO, J Date: 24.06.2025 vrks
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THE HON'BLE SRI JUSTICE SREENIVAS RAO CRIMINAL PETITION No.6933 of 2025 Date: 24.06.2025 vrks