Nagetti Sharada v. The State Of Telangana

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO.8911 OF 2021 ORDER:- This petition is filed under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking regular bail to the petitioner/A.2 in connection with Crime No.1017 of 2021 of Jeedimetla Police Station, Cyberabad Commissionerate, wherein the petitioner/A.2 is alleged to have committed the offences punishable under Section 370 of the Indian Penal Code, 1860 (for short 'IPC') and Sections 3, 4 and 5 of the Prevention of Immoral Traffic Act, 1956. 2.

The case of prosecution in nutshell is that on 03.11.2021 on reliable information about organizing brothel house, the Sub Inspector of Police along with staff proceeded to Sanjaigandhi Nagar, Shapurnagar and found that the petitioner organizing brothel house by procuring the victim. The police apprehended the petitioner and A.3, while A.1 is found absconding. Basing on the said report, the present crime is registered.

3.

Heard Mr.Lokesh Phanindra Bonthu, learned counsel for the petitioner, and learned Assistant Public Prosecutor for the respondentState. 4.

Learned counsel for the petitioner submits petitioner was arrested on 03.11.2021 and she has been languishing in jail since then. Learned counsel submits that the petitioner blessed with two daughters and one son, who is handicapped, and all are residing in the same premises. He

submits that the petitioner has been implicated falsely in this case. As the petitioner is in jail for the last one month, her children, who are aged about 12 years and 10 years, are facing lot of hardship. The petitioner is not having any criminal antecedents. Hence, her case may be considered for grant of bail.

5.

On the other land, learned Assistant Public Prosecutor submits that petitioner is a prime accused and she was arrested on 03.11.2021. So far seven witnesses were examined and as the investigation is pending and looking into the nature of the offences as alleged in the complaint, the petitioner is not entitled for bail. 6.

Taking into consideration the fact that petitioner is languishing in jail from 03.11.2021, there are no criminal antecedents and the petitioner is having three minor children, this Court deems it appropriate to grant bail to the petitioner/A.2.

7.

Accordingly, this Criminal Petition is allowed and the petitioner/A.2 shall be enlarged on bail on his executing a personal bond for a sum of Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the XXI Metropolitan Magistrate, Cyberabad. On such release, the petitioner shall cooperate with the investigation.

Consequently, miscellaneous applications pending, if any, shall stand closed.

___________________________ LALITHA KANNEGANTI, J Date :07.12.2021 mar