Younus @ Mohammed Younus v. The State Of Telangana

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.16238 of 2024 ORDER:

This Criminal Petition is filed under section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of prearrest bail to the petitioners who are arrayed as accused Nos.3, 6 and 7 in Crime No.769 of 2023 of Shadnagar Police Station, Cyberabad.

2.

The brief facts of the case are that the 15.11.2023 at 09.00 hours, the de-facto complainant lodged a report stating that the mother of the de-facto complainant committed suicide on account of accused No.1 and others threatening her and suing filthy language. It is stated that incident took place when accused No.1 was laying CC Road in the area and this these accused persons were the labourers, who were engaged to lay the road. Hence, the case was registered vide Crime No.769 of 2023 of Shadnagar Police Station, Cyberabad, for the offences punishable under Sections 306 read with 34 of IPC.

3.

Heard Sri M.Anil Kumar, learned counsel appearing on behalf of the petitioners as well as Sri Syed Yasar Mamoon,

learned Additional Public Prosecutor appearing on behalf of the respondent.

4.

Learned counsel for the petitioners firstly submitted that the petitioners are innocent and they are no way concerned with the alleged offences. He secondly submitted the petitioners were a labourers. He thirdly submitted that accused No.1, was granted bail vide Crl.M.P.No.3063 of 2023, by IX Additional District Judge - cum - IX Additional Metropolitan Sessions Judge, Ranga Reddy District, at L.B.Nagar and accused No.2, was granted anticipatory bail by this Court, vide Crl.P.No.444 of 2024, dated 12.01.2024. He lastly submitted that the petitioners are resident of Farooq Nagar, Mahabubnagar 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 petitioners 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 investigation is not yet completed and therefore, granting anticipatory bail to the petitioners, 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 accused/petitioners herein are labourers and accused Nos.1 and 2 have already granted bail. 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 petitioners. 7.

Accordingly, this petition is allowed granting anticipatory bail to the petitioners subject to the following conditions:

i.

The petitioners shall surrender before the Station House Officer of P.S.Shadnagar 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: 06.01.2025 gv

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.16238 of 2024 Date: 06.01.2025 gv