Mahender Damara v. The State Of Telangana

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.14975 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.1 in Crime No.163 of 2024 of Mothkur Police Station, Rachakonda. 2.

The brief facts of the case are that the marriage between the de-facto complainant and accused No.1 was performed on 05.06.2021. It is stated that though the parents of the de-facto complainant gave dowry to accused No.1 at the time of marriage, accused No.1 along with other accused despite harassing the de-facto complainant mentally and physically and also used to threaten her with dire consequences for want of additional dowry. Hence, a case was registered vide Crime No.163 of 2024 before the Motkur Police, Rachakonda, for the offences punishable under Sections 377, 323 and 506 read with 34 of the IPC.

3.

Heard Sri Pulimamidi Shashidhar 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 the de-facto complainant left petitioner on 18.07.2021 as per the divorce petition i.e., O.P.No.19 of 2023. He further submitted that though the de-facto complainant was residing separately from petitioner during the alleged incidents, the complaint was filed against the petitioner with false and fabricated allegations. He also submitted that the petitioner is no way concerned with the alleged offences. 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 the allegations against the petitioner in the complaint and in the said divorce petition i.e., O.P.No.19 of 2023 are contradictory with each other. 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.

Mothkur, Yadadri-Bhuvanagiri District, within two weeks from today, and on such surrender, the said Station House Officer shall release him 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: 16.12.2024 gms

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.14975 of 2024 Date: 16.12.2024 gms