Gogula Brahmaiah v. The State Of Telangana

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.16348 of 2024 ORDER:

Seeking the Court to enlarge the petitioner who is arrayed as accused No.1 in Crime No.845 of 2024 of Neredmet Police Station, Rachakonda, on bail, the present Criminal Petition is filed.

2.

The brief facts of the case are that though the parents of the victim gave dowry to accused No.1 at the time of marriage between the victim and accused No.1, accused No.1 along with other accused despite harassing the victim mentally and physically and also used to threaten her with dire consequences for want of additional dowry. It is stated that the victim committed suicide due to the intolerable harassment by the accused. Hence, a case was registered vide Crime No.845 of before the Neredmet Police, Rachakonda, for the offences punishable under Sections 80(2) read with 3(5) of the BNS and Sections 3, 4 of DPA. 3.

Heard Sri R.Thirupathi, 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 there is no corroborative evidence, the petitioner was implicated in the case with false and fabricated allegations. He thirdly submitted that since the victim left the house of the petitioner in the month of July, 2024 and committed suicide in the month of November, 2024, in her parent's house, there is no nexus in the allegations to show that due to the harassment of the petitioner, the victim committed suicide. He fourthly submitted that all the material witnesses were examined, and further detention of the petitioner is unnecessary. He fifthly submitted that the petitioner has been in judicial custody since 24.11.2024, causing undue hardship to his family.

He sixthly submitted that the petitioner is resident of Marripudi Mandal, Prakasam 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.Nos.289 and 290 of 2024, was dismissed by the Principal District and Sessions Judge-CumFamily Court, Medchal Malkajgiri District at Malkajgiri, on 03.12.2024, 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 24.11.2024 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 I Additional Junior Civil Judge-Cum-I Additional Judicial Magistrate of First Class, Medchal Malkajgiri at Kushaiguda.

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: 07.01.2025 gms

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.16348 of 2024 Date: 07.01.2025 gms