Kandi Bharath v. The State Of Telangana

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.14383 of 2024 ORDER:

Seeking the Court to enlarge the petitioner who is arrayed as accused in Crime No.1212 of 2024 of Meerpet Police Station, Rachakonda Commissionerate, on bail, the present Criminal Petition is filed.

2.

The brief facts of the case are that a complaint was filed on 28.10.2024, by Smt. Konakamoni Swathi, regarding her 14-yearold daughter, Kum. Konakamoni Aswini, who went missing from their residence in YSR Colony, Almasguda. Aswini was last seen sleeping at home after dinner on 27.10.2024, but was found missing at 3:00 am the next day. Despite searching for her in relatives' and neighboring places, Aswini could not be traced. She was described as 4.8 feet tall, with a normal complexion, wearing a pink dress. The complainant suspected one Bharath, whose phone number was provided, to be responsible for disappearance of her daughter and requested necessary action.

3.

Heard Sri P. Manoj, learned counsel appearing on behalf of the petitioner as well as Sri Syed Yasar Mamoon, learned

Additional Public Prosecutor appearing on behalf of the respondent-State.

4.

Learned counsel for the petitioner submitted that a false case is filed without there being any rape as alleged. Learned counsel produced the de facto complainant and her daughter-victim girl, who were questioned by the learned Additional Public Prosecutor. The parents of the victim girl and also the victim girl unanimously stated that there is no offence of rape which was committed. 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 submitted that the petitioner was remanded to the judicial custody and 13 witnesses were examined. Investigation was not yet completed. Therefore, at this stage, granting of bail does not arise and prayed the Court to dismiss the criminal petition. 6.

After considering the submissions made by both the learned counsel and reviewing the material available on record, it appears that the allegations against the petitioner are serious, yet the petitioner has been incarcerated since 08.11.2024. Although the de facto complainant has expressed no objections to granting bail, the material part of the investigation is completed. Given the prolonged

detention of the petitioner, this Court deems it appropriate to grant bail with the following conditions:

i.

The petitioner shall execute a personal bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) each, with two sureties for a like sum each to the satisfaction of the VI Additional Metropolitan Magistrate, L. B. Nagar.

ii.

The petitioner shall appear before the concerned SHO between 11:00 a.m. and 05:00 p.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: 04.12.2024 SAI

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.14383 of 2024 Date: 04.12.2024 SAI