Md Subhan v. The State Of Telanagana

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.13678 of 2024 ORDER:

Seeking the Court to enlarge the petitioners who are arrayed as accused Nos.6 and 7 in Crime No.788 of 2024 of RGI Airport Police Station, Cyberabad Commissionerate, on bail, the present Criminal Petition is filed. 2.

The brief facts of the case are that on 30.09.2024, at about 17:00 hours, on receiving credible information about running of clandestine brothel house at H.No.23-62/1, Madhura Nagar Colony, Shamshabad, the Police raided the said premises and noticed that with intention to earn money in ease manner, accused No.1 procured the victim women for participating in illicit sexual intercourse with the customers by offering attractive amounts. It is stated that on 30.09.2024 accused Nos.6 and 7 were present in the said premises during the seizure. As such, accused Nos.1 to 7 along with the victim women have been taken into custody and seized cash and mobile phones. Based on the complaint, a case was registered vide Crime No.788 of 2024 before the RGI Airport Police,

Shamshabad, for the offences punishable under Sections 96, 143(4), 144(1) of the BNS; Section 7 read with 8 of POCSO Act and Sections 3 to 5 of PITA.

3.

Heard Sri Mohammed Zaki, learned counsel appearing on behalf of the petitioners as well as Sri Syed Yasar Manoon, learned Additional Public Prosecutor appearing on behalf of the respondent-State.

4.

Learned counsel for the petitioners firstly submitted that the petitioners have not intimated with any victim women at the scene of offence as they went to the said premises only to install the AC. He secondly submitted that the petitioners are innocent and they are no way concerned with the alleged offences. He thirdly submitted that all the material witnesses were examined, and further detention of the petitioners is unnecessary. He fourthly submitted that the petitioners have been in judicial custody since 01.10.2024, causing undue hardship to their families. The allegations are false and fabricated. The petitioners are residents of Thalakondapally Mandal, Ranga Reddy District, with movable and immovable properties, and are willing to furnish sureties as directed. He lastly submitted that previously, bail application of the

petitioners, vide Crl.M.P.No.903 of 2024, was dismissed by the Special Sessions Judge for Trial and Disposal of Cases under POCSO Act, Ranga Reddy District at L.B.Nagar, on 07.11.2024, without valid reasons. Therefore, he prayed the Court to grant bail to the petitioners by allowing this criminal petition.

5.

On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioners stating that the investigation is not yet completed, therefore, granting bail to the petitioners, 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, since the petitioners are in hall and not found with the victim women in closed premises and material part of investigation is completed, this Court deems it fit to grant bail to the petitioners subject to the following conditions:

i.

The petitioners 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 Special Sessions Judge for Trial and Disposal of Cases under POCSO Act, Ranga Reddy District at L.B.Nagar.

ii.

The petitioners 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 petitioners 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: 22.11.2024 gms

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.13678 of 2024 Date: 22.11.2024 gms