Md Mohiuddin Farooqui v. The State Of Telangana

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.16086 of 2024 ORDER:

This Criminal Petition is filed under section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of prearrest bail to the petitioner who is arrayed as accused in Crime No.1174 of 2024 of Rajendranagar Police Station, Cyberabad.

2.

The brief facts of the case are that the 02.12.2024 at 20.00 hours, the de-facto complainant lodged a report stating that she her 2nd year degree and simultaneously undergoing nursing training at Lune Dental Hospital, Hyderabad. It is stated that during her training, she became acquainted with the accused and accused has sexually assaulted the victim under the pretext of marrying her. Hence, the case was registered vide Crime No. 1174 of 2024 of Rajendranagar Police Station, Cyberabad, for the offences punishable under Sections 69, 88 of BNS and Sections 3(2)(v) of SC ST POA Act, 2015.

3.

Heard Sri S.M.Saifullah, 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 the alleged offences. He secondly submitted that the petitioner had a consensual sexual relationship for a long time and it is a clear case of consensual relationship between two educated adults. He lastly submitted that the petitioner is resident ofBandlaguda, Hyderabad District, with movable and immovable properties, and is willing to furnish sureties as directed 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 allegation leveled against the petitioner is severe in nature and on the promise of marriage the accused sexually assaulted the complainant and the 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 apparent that the de-facto

complainant and accused met in the month of August, 2024, the relationship between the parties was consensual in nature and both are educated adults. It is pertinent to note that material part of investigation 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.Rajendranagar 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 5:00 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.

Miscellaneous applications, if any pending, shall stand closed.

_______________ K. SUJANA, J Date: 03.01.2025 gv

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.16086 of 2024 Date: 03.01.2025 gv