Surya Venkatesh v. The State Of Telangana
THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.14396 of 2024 ORDER:
Seeking the Court to enlarge the petitioner who are arrayed as accused No.1 in Crime No.1538 of 2024 of Narsingi Police Station, Cyberabad Commissionerate, on bail, the present Criminal Petition is filed.
2.
The brief facts of the case are that a complaint was filed on 23.10.2024, by Mamidishetty Venkat Rao, regarding the death of his daughter-in-law, Laxmi. Laxmi, was married to the petitioner, who had been living in the second floor of their house for 10 years. The couple had a four-year-old son and often quarreled. On the day of the incident, Venkat Rao received information that Laxmi had committed suicide by hanging herself from a ceiling fan in their house. Upon arrival, he found Laxmi dead and requested necessary legal action.
3.
Heard Sri Baglekar Akash Kumar, 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 the petitioner is arrayed as accused No.1, is a local Indian resident with no passport, eliminating the possibility of fleeing from justice. Having been in jail since 24.10.2024, the material part of the investigation is complete, except for filing the charge sheet. He further submitted that the petitioner intends to cooperate with the investigation agency to prove his innocence and that there is no mention of the petitioner demanding additional dowry in the Remand case diary, and the allegations under Section 80 of BNS, 2023, are not applicable due to the lack of evidence. He contended that the petitioner is willing to furnish sureties and abide by the terms and conditions of this Court. Although a previous bail application was dismissed by the learned XII Additional Metropolitan Sessions Judge, Ranga Reddy, on 22.11.2024, this is the first bail application before this Hon'ble Court. 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 the investigation is completed and the charge sheet is also filed.
6.
After considering the submissions made by both the learned counsel and reviewing the material available on record, it appears that the investigation has been completed, and a charge sheet has been filed. Additionally, the petitioner has been incarcerated since 24.10.2024. The liberty of the petitioner can be balanced with the need to ensure their presence during the trial, and granting bail will not hinder the administration of justice. In light of these circumstances, this Court deems it appropriate to grant bail to the petitioner with 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 II Additional Junior Civil Judge-cum-XIII Judicial Magistrate of First Class, Ranga Reddy District at Rajendranagar.
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.14396 of 2024 Date: 04.12.2024 SAI