Jaffar Sandeep @ Chintu Bai, v. The State Of Telangana,

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.15558 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 who is arrayed as accused No.1 in Crime No.1121 of 2024 of Jeedimetla Police Station, Cyberabad.

2.

The brief facts of the case are that the deceased took a hand loan of Rs.60,000/- from accused by engaging two of his friends as mediators. It is stated that despite informing the accused that the deceased is financially unstable to repay the lent amount, the accused continuously harassed him by demanding to return the lent amount. As a result, the deceased, being vested with intolerable harassment by the accused, committed suicide. Hence, a case was registered vide Crime No.246 of 2022 of 1121 of 2024 of Jeedimetla Police Station, Cyberabad, for the offences punishable under Section 108 of IPC.

3.

Heard Sri Meghana Addla Suneel, 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.

4.

Learned counsel for the petitioner firstly submitted that the petitioner is innocent and he is no way concerned with alleged offences. He secondly submitted that mere allegations of harassment of demand of loan repayment will not amount to abetment of suicide. He lastly submitted that previously, bail application of the petitioner, vide Crl.M.P.No.528 of 2024, was dismissed by the II Additional District and Sessions Judge, Medchal-Malkajgiri District at Medchal, on 13.12.2024, without valid reasons and prayed the Court to grant of anticipatory 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 allegations leveled against the petitioner is serious in nature and investigation is not yet completed and therefore, granting anticipatory 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 material available on record, it is apparent that the deceased

requested for hand loan amount from the petitioner through mediators and on such request, the petitioner lent an amount of Rs.60,000/- to the deceased. It is noteworthy that the petitioner insisted the deceased only for repayment of the said hand loan, except this allegation, there is no other averments in the complaint. It is pertinent to note that material part of the investigation is also 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.Jeedimetla, Cyberabad 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 petitioners shall appear before the concerned Station House Officer on every Monday between 9:00 A.M. to 5:00 P.M., for a period of eight (08) weeks or till filing of charge sheet whichever is earlier.

iii.

The petitioners shall abide by the other conditions stipulated in Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.

Miscellaneous applications, if any pending, shall stand closed.

_______________ K. SUJANA, J Date: 24.12.2024 gv

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.15558 of 2024 Date: 24.12.2024 gv