Ghouse Moinuddin v. The State Of Telangana

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.15916 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 in Crime No.177 of 2024 of Ramareddy Police Station, kamareddy District. 2.

The brief facts of the case are that while preparing for the SGT posts, the victim got acquaintance with the accused and the accused fulfilled his sexual desires using the victim by promising to perform inter-caste marriage with her. However, after getting job, he refused to marry the victim Hence, a case registered vide Crime No.177 of 2024 before the Ramareddy Police, Kamareddy District, for the offences punishable under Section 69 of the BNS and Section 3(2)(va) of the SC/ST (POA) Act, 2015.

3.

Heard Sri R.Chandrashekar 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 petitioner is innocent and he is no way concerned with the alleged offences. He further submitted that though there is no corroborative evidence, the petitioner was implicated in the case with false and fabricated allegations. He also submitted that the petitioner is resident of Kamareddy Town and District, with movable and immovable properties, and is willing to furnish sureties as directed. Hence, he prayed the Court to grant anticipatory bail to the petitioner. 5.

On the other hand, learned Additional Public Prosecutor submitted 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 though it is alleged that the petitioner refused to marry the victim, the learned counsel for the petitioner submitted that the petitioner is ready to marry the victim. 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.

Ramareddy, 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: 03.01.2025 gms

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.15916 of 2024 Date: 03.01.2025 gms