Kashmolla Ramesh v. The State Of T.G.

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.14804 of 2024 ORDER:

Seeking the Court to enlarge the petitioner who is arrayed as accused in Crime No.404 of 2024 of Balapur Police Station, Ranga Reddy District, on bail, the present Criminal Petition is filed.

2.

The brief facts of the case are that the de-facto complainant had acquaintance with the accused while she was working as housekeeping at Bio Genics Company, Adibatla. Later, she left the said company and starting working in housekeeping at RCI. However, the accused used to harass de-facto complainant by following her. It is stated that the accused also spoke with her husband by falsely portraying her character. Hence, a case was registered vide Crime No.404 of 2024 before the Balapur Police, registered for the offences punishable under Sections 75(2) and 238(c) of the BNS.

3.

Heard Sri Veera Babu Gandu, 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 firstly submitted that though there is no corroborative evidence, the Police have added the Section of law under Section 238(c) of the BNS. He secondly submitted that the petitioner was implicated in the case with false and fabricated allegations. He thirdly submitted that all the material witnesses were examined, and further detention of the petitioner is unnecessary. He fourthly submitted that the petitioner has been in judicial custody since 12.11.2024, causing undue hardship to his family. He fifthly submitted that the petitioner is native of Nampally, Nalgonda District, with movable and immovable properties, and is willing to furnish sureties as directed. He lastly submitted that previously, bail application of the petitioner, vide Crl.M.P.No.684 of 2024, was dismissed by the Court of the XII Additional Metropolitan Sessions Judge, Ranga Reddy District at L.B.Nagar, on 25.11.2024, without valid reasons and 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 not yet completed, 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, since the petitioner languishing in jail from 12.11.2024 and material part of investigation is completed, 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 Junior Civil Judge-CumAdditional First Class Judicial Magistrate 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) 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.(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: 11.12.2024 gms

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.14804 of 2024 Date: 11.12.2024 gms