Elupula Rakesh v. The State Of Telangana

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.13589 of 2024 ORDER:

Seeking the Court to enlarge the petitioner who is arrayed as accused No.1 in Crime No.1100 of 2024 of Medipally Police Station, Rachakonda, on bail, the present Criminal Petition is filed.

2.

The brief facts of the case are that marriage between accused No.1 and younger daughter of de-facto complainant was performed on 27.03.2024. Thereafter, accused No.1 along with other accused used to harass the victim physically and mentally and also threatened her with dire consequences for want of additional dowry, due to which, the victim committed suicide. Hence, a case was registered vide Crime No.1100 of 2024 before the Medipally Police, Rachakonda, for the offences punishable under Section 80 of the Bharatiya Nyaya Sanhita, 2023.

3.

Heard Dr.Kadire Krishnaiah, 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 marriage of the petitioner and the victim was inter-caste love marriage and also subsequent to the marriage, there is no demand for dowry. He further submitted that the investigation is completed, and all the material witnesses were examined, and further detention of the petitioner is unnecessary. He contended that the petitioner has been in judicial custody since 20.09.2024, causing undue hardship to his family. The allegations are false and fabricated. The petitioner is Medipally Mandal, Medchal-Malkajgiri District, with movable and immovable properties, and is willing to furnish sureties as directed.

He further contended that previously, bail application of the petitioner, vide Crl.M.P.No.208 of 2024, was dismissed by the I Additional Sessions Judge, Medchal Malkajgiri District at Kushaiguda, on 30.10.2024, without valid reasons. 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 reports of PME and FSL are waiting, therefore, granting bail to the petitioner, at this stage, does not arise. Hence, he prayed the Court to dismiss the criminal petition.

6.

After considering submissions from both the parties and reviewing the record, it is stated that the petitioner never demanded for additional dowry as alleged. Given the substantial completion of investigation and absence of criminal antecedents against the petitioner, 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 I Additional Sessions Judge, MedchalMalkajgiri District at Kushaiguda. ii.

The petitioner shall appear before the concerned SHO at 11:00 a.m., on every Monday for a period of eight (8) weeks, 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.

7.

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

_______________ K. SUJANA, J Date: 18.11.2024 gms Note:

Issue CC by tomorrow.

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.13589 of 2024 Date: 18.11.2024 gms Note:

Issue CC by tomorrow.