Rapelli Varalaxmi v. The State Of Telangana

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.15032 of 2024 ORDER:

This Criminal Petition is filed under section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for granting of pre-arrest bail to the petitioner/accused No.2 in Crime No.609 of 2024 of Jagtial Town Police Station, Jagtial. 2.

The brief facts of the case are that though the parents of the victim gave dowry to accused No.1 at the time of marriage between the victim and accused No.1, accused No.1 along with other accused despite harassing the victim mentally and physically and also used to threaten her with dire consequences for want of additional dowry. It is stated that the victim committed suicide due to the intolerable harassment by the accused. Hence, a case was registered vide Crime No.609 of 2024 before the Jagtial Town Police, Jagtial, for the offences punishable under Section 80 of the BNS. 3.

Heard Sri G.Madhusudhan Reddy, 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 submitted that though the victim committed suicide due to her health issues, the petitioner was implicated in the case with false and fabricated allegations. He further submitted that the petitioner is no way concerned with the alleged offences. He also submitted that previously, anticipatory bail application of the petitioner, vide Crl.M.P.No.264 of 2024, were dismissed by the Principal Sessions Judge, Jagtial, on 20.11.2024, without valid reasons. Hence, he prayed the Court to grant anticipatory bail to the petitioner.

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 anticipatory bail to the petitioner, at this stage, does not arise. Hence, he prayed the Court to dismiss the criminal petition.

6.

Having regard to the submissions made by both the parties and a perusal of the material placed on record, it is apparent that except omnibus allegations, there are specific allegations against the petitioner. It is pertinent to note that material part of the investigation is completed. Therefore, considering the facts and circumstances of the case, this

Court is of the considered view that it is a fit case for granting of anticipatory bail to the petitioner.

7.

Accordingly, this petition is allowed granting anticipatory bail to the petitioner subject to the following conditions:

i.

The petitioner shall surrender before the Station House Officer of P.S.

Jagtial Town, Jagtial, within two weeks from today, and on such surrender, the said Station House Officer shall release her on bail on executing a personal bond for Rs.25,000/- with two sureties, for the like sum each.

ii.

The petitioner shall appear before the concerned Station House Officer on every Monday between 9:00 A.M. to 10 P.M., for a period of eight (08) weeks or till filing of charge sheet whichever is earlier.

iii.

The petitioner shall abide by the other conditions stipulated in Section 482(2)

of Bharatiya Nagarik Suraksha Sanhita, 2023 and co-operate with the Investigating Officer in investigating the case.

Miscellaneous applications, if any pending, shall stand closed.

_______________ K. SUJANA, J Date: 17.12.2024 gms

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.15032 of 2024 Date: 17.12.2024 gms