Kethavath Bheemla Nayak v. The State Of Telangana
THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.15628 of 2024 ORDER:
Seeking the Court to enlarge the petitioner who is arrayed as accused No.1 in Crime No.1159 of 2024 on the file of L.B.Nagar Police Station, Rachakonda, on bail, the present Criminal Petition is filed.
2.
The brief facts of the case are that on 29.10.2024, at about 21:00 hours, on receiving credible information about running of brothel house at H.No.11-14-312, Siri Nagar, Opp: Bhagyanagar Function Hall, LB Nagar, Ranga Reddy District, the Police raided the said premises and noticed that with intention to earn money in ease manner, accused No.1 procured the victim women for participating in prostitution with the customers by offering attractive amounts. It is stated that on 29.10.2024 accused Nos.2 and 3 went to the said premises for prostitution and found with the victim women in the closed bedroom at the said premises. As such, accused Nos.1 to 3 along with the victim women have been taken into custody and seized cash and mobile phones. Based on the complaint, a case was registered vide Crime No.1159 of 2024 before the L.B.Nagar Police, Rachakonda, for the offences punishable under Section 144(2) of the BNS and Sections 3 to 4, 7 of the PITA.
3.
Heard Sri Ch.Raj Kumar, learned counsel appearing on behalf of the petitioner as well as Sri Syed Yasar Manoon, learned
Additional Public Prosecutor appearing on behalf of the respondentState. 4.
Learned counsel for the petitioner firstly submitted that the petitioner is innocent and he is no way concerned with the alleged offences.
He secondly submitted that though there is no corroborative evidence, 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 29.10.2024, causing undue hardship to his family. He fifthly submitted that the petitioner is resident of Gandeed Mandal, Mahabubnagar 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.625 of 2024, was dismissed by the XIII Additional District and Sessions Judge, Ranga Reddy District at L.B.Nagar, on 20.11.2024, 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 is languishing in jail from 29.10.2024 and material part of the 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 II Additional Metropolitan Magistrate-Cum-II Additional Junior Sessions Judge, Cyberabad 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) week or till filing of charge sheet whichever is earlier, 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: 30.12.2024 gms
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.15628 of 2024 Date: 30.12.2024 gms