Vagmari Laxmi Bhai v. The State Of Telangana

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.9016 of 2025 ORDER:

Seeking the Court to enlarge the petitioner-accused No.1 in P.R.C. No.6 of 2025 on the file of Principal Junior Civil Judge-cumJudicial Magistrate of First Class at Kamareddy, on bail, the present Criminal Petition is filed.

2.

The brief facts of the case are that the de-facto complainant filed an application seeking cancellation of bail granted to accused No.1 in Crime No.514 of 2024, which was registered for offences punishable under Sections 103, 140, and 61(2), read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS'). The application was based on allegations that the petitioner had threatened to kill the de-facto complainant and had also sent threatening videos and made intimidating phone calls. Taking these allegations into consideration, the trial Court cancelled the bail previously granted to the petitioner. Consequently, the petitioner was remanded to custody on 08.06.2025 upon execution of a non-bailable warrant issued in Crl.M.P. No.95 of 2025.

3.

Heard Sri G. Rajeshwar Rao, learned counsel appearing on behalf of the petitioner as well as Sri Syed Yasar Manoon, learned Additional Public Prosecutor appearing on behalf of the respondent-State.

4.

Learned counsel for the petitioner submitted that the petitioner is innocent of the alleged offences and has never made any threatening calls to the de facto complainant and that the false allegations were made solely due to ongoing civil disputes between the parties and that the petitioner is visually impaired with a 75% disability and she lives alone without any support, and that currently she is suffering from health issues and she is in judicial custody for the past two months. He further submitted that the petitioner had filed a suit for perpetual injunction against the de facto complainant, vide O.S. No. 72 of 2025, and another suit for eviction, vide O.S. No. 47 of 2025 and that multiple civil and criminal cases have been initiated only to harass the petitioner and that a cancellation petition was filed and the same was allowed by the Court. Therefore, he prayed the Court to grant bail to the petitioner by allowing this criminal petition. 5.

On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner stating that the petitioner had misused the bail

previously granted by this Court and had violated the conditions imposed therein. He contended that if bail is granted to her again, she is likely to repeat the same conduct. He further submitted that another case vide Crime No.166 of 2025 has been registered against the petitioner for offences punishable under Section 351(2) of BNS and a charge sheet has been filed, wherein it is specifically stated that LWs.1 to 3 received threatening videos from the petitioner's phone number. He further submitted that the investigation is not yet completed, therefore, granting bail to the petitioner, at this stage, does not arise. Hence, he prayed the Court to dismiss the criminal petition.

6.

Considering the submissions made by both the learned counsel and upon perusal of the material available on record, it is observed that the petitioner was remanded to judicial custody pursuant to the execution of a non-bailable warrant dated 08.06.2025, and has been incarcerated for the past two months. The allegations against the petitioner indicate that she has been threatening witnesses. However, the medical certificate filed on record reveals that the petitioner suffers from 75% blindness related disability and the petitioner is languishing in jail from 08.06.2025. In view of the medical condition of the petitioner and

overall circumstances, this Court deems it fit to grant bail to the petitioner subject to the following conditions: i.

The petitioner 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 learned Principal Junior Civil Judge-cum-Judicial Magistrate of First Class at Kamareddy.

ii.

The petitioner shall appear before the concerned SHO at 11:00 a.m., on every Monday for a period of eight (8) week or till filing of charge sheet whichever is earlier, for the purpose of investigation, and thereafter, as and when required.

iii.

The petitioner shall abide by the conditions stipulated in Section 437(3) of Cr.P.C.(presently, Section 480(3) of the BNSS).

7.

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

_______________ K. SUJANA, J Date: 22.08.2025 SS

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.9016 of 2025 Date: 22.08.2025 SS