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High Court for State of TelanganaCRLP/10247/2025allowed no costs

Kare Simhachalam v. The State Of Telangana

2025-08-19K. Sujana4 pages

THE HON'BLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION NO.10247 OF 2025 ORDER:

This criminal petition is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short "BNSS') by the petitioner/A.2 seeking regular bail in connection with Crime No.68 of 2025 of Neredugommu Police Station, Nalgonda District. The offences alleged against the petitioner are under Sections 143(3) and 146 of Bharatiya Nyaya Sanhita, 2023 and under Section 18 of Bonded Labour System (Abolition) Act, 1976.

2.

The case of the prosecution is that the complainant who is the Revenue Inspector lodged a complaint on 20.07.2025 stating that he visited the scene of offence, where he found the victims are working as fishermen with work wages and without any working hours and they were not allowed to go to their native places and also did not give work wages to them and that they were treated as bonded labourers. As such, basing on the said complaint, the police registered the case against the accused for the above offences.

3.

Heard Dr.J.Vijayalaxmi, learned counsel appearing for the petitioner and Sri Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for respondent-State. 4.

The contention of learned counsel for the petitioner is that petitioner herein is A.2 and he is innocent of the said offences. He is no way connected with this offence. The petitioner was arrested on 22.07.2025 and since then he is in jail. Further the material part of investigation is also completed and A.1 in this crime is already released on bail. As such, requested the Court to grant bail to the petitioner.

5.

On the other hand, learned Additional Public Prosecutor opposed the same stating that the allegations against the petitioner are severe in nature and investigation is still pending. As such, requested this Court to dismiss this bail application 6.

Considering the submissions made by the respective counsel and the material placed on record, the allegations against A.1 and A.2 are that they collected the labour from the brokers of Vijayawada on work wages of Rs.15,000/- per month and that there are no working hours to the victims and that they are not paid their amounts, whereas the statement shows that the victims have accepted the fishing work for Rs.15,000/-

per month and when they have asked for payment of their amount, the same was not paid. The investigation done by the investigating officer shows that so far 16 witnesses were already examined. Further, A.1 in this case is also released on bail. Considering the investigation done by the investigating officer and also the period of incarceration of petitioner in jail, this Court deems it appropriate to grant bail to the petitioner/A.2 subject to the following conditions:

i. The petitioner/A.2 shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties for a like sum each to the satisfaction of Judicial First Class Magistrate at Devarakonda, Nalgonda District. ii. The petitioner/A.2 shall appear before the concerned SHO at 11:00 a.m., on every Wednesday for a period of eight (8) weeks, for the purpose of investigation and thereafter, as and when required. iii. The petitioner/A.2 shall abide by the other conditions stipulated in Section 483(2) of BNSS. 7.

Accordingly, the Criminal Petition is allowed. Miscellaneous petitions, pending, if any, shall stand closed.

_______________ K. SUJANA, J Date :19.08.2025 Rds

THE HON'BLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION NO.10247 OF 2025 DATE : 19.08.2025 Rds