Kodimala Kanakaraju @Kanakaraju Reddy v. State Of Telangana

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.16236 of 2024 ORDER:

Seeking the Court to enlarge the petitioner who is arrayed as accused in Crime No.1082 of 2024 of S.R.Nagar Police Station, Hyderabad, on bail, the present Criminal Petition is filed.

2.

The brief facts of the case are that the accused fulfilled his sexual desires using the victim by promising to perform marriage with her. However, when the victim asked to marry her, the accused refused to marry her. Hence, a case was registered vide Crime No.1082 of 2024 before the S.R.Nagar Police, Hyderabad, for the offences punishable under Sections 69 and 88 of the BNS.

3.

Heard Sri Ravi Chandra Bejjaram, 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 firstly submitted that the petitioner is innocent and he is no way concerned with the alleged offences. He secondly submitted that though the accused and the victim are in live-in relationship, 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 10.12.2024, causing undue hardship to his family. He lastly submitted that the petitioner is resident of Hyderabad, with movable and immovable properties, and is willing to furnish sureties as directed 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, it is apparent that though the petitioner and the victim are in relationship from February 2024, FIR is filed in December, 2024 with a delay of 08 months. Considering the same and since the petitioner is languishing in jail from 10.12.2024 and also material part of 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 III Additional Chief Metropolitan Magistrate, Hyderabad.

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: 06.01.2025 gms

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.16236 of 2024 Date: 06.01.2025 gms