Mudavath Muni Kumar Alias Chavan Munya v. The State Of Telangana

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.13117 of 2025 ORDER:

Seeking the Court to enlarge the petitioner-accused in Crime No.513 of 2025 of Ibrahimpatnam Police Station, Rachakonda Commissionerate, on bail, the present petition is filed.

2 .

The brief facts of the case are that, on 08.09.2025, the defacto complainant lodged a report stating that he is the paternal uncle of the victim and he had admitted the victim to an engineering college at Ibrahimpatnam, where she is studying in the second year of B.Tech and residing in the college hostel. On 07.09.2025, at around 17:15 hours, the victim girl was seen escaping from the hostel by jumping over the compound wall, as captured in the CCTV footage, along with an unknown person. The college management immediately informed the complainant, who then made inquiries with relatives. Based on his suspicion, he lodged a report with the police, naming the petitioner as the accused. Based on the complaint, a case was registered as Crime No.513 of 2025 for offences punishable under Section 137(2) of the Bharatiya Nyaya Sanhita (BNS). Upon further

investigation, Section 64(2)(m) of BNS and Section 5(l) read with Section 6 of the POCSO Act were added.

3.

Heard Sri Sapavath Sreenivas, learned counsel appearing for the petitioner as well as Sri D. Arun Kumar, learned Additional Public Prosecutor appearing on behalf of the respondent-State.

4.

Learned counsel for the petitioner submitted that the petitioner and the victim are relatives, and no offence is made out to connect the petitioner to the alleged false case. He contended that the relationship between the petitioner and the victim was consensual, and even according to the de-facto complainant, both are already married. He also questioned the age of the victim, stating that she is studying in the second year of B.Tech, and therefore, the provisions of the POCSO Act are not applicable. He further submitted that the petitioner was arrested on 12.09.2025 and has been in judicial custody since then, and a substantial portion of the investigation has already been completed. Therefore, 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, contending that the allegations against the petitioner are heinous in nature and that the investigation is still ongoing, releasing the petitioner on bail at this stage may lead to tampering with evidence or intimidation of witnesses and prayed the Court to dismiss the criminal petition.

6.

In light of the submissions made by both the learned counsel and upon a perusal of the material available on record, it is evident that the petitioner has been in judicial custody since 12.09.2025. As reflected in the remand case diary, prosecution witnesses LWs.1 to 16 have already been examined. Considering the overall facts and circumstances of the case, including the nature of the allegations, the stage of investigation, and the duration of incarceration, this Court finds it appropriate 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), with two sureties for a like sum each to the satisfaction of the Special Sessions

Judge for Trial and Disposal of cases under POCSO Act, Ranga Reddy District at L.B. Nagar 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: 23.10.2025 SS

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.13117 of 2025 Date: 23.10.2025 SS