Smt. Varkala Balamani @ Bala v. The State Of Telangana
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT
HYDERABAD THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.15866 of 2025 DATE: 04.12.2025 Between:
Smt. Varkala Balamani @ Bala and another .... Petitioners/accused Nos.2 and 3 AND The State of Telangana, Rep. by the Public Prosecutor, High Court for the State of Telangana at Hyderabad, Through P.S. Choutuppal, Rachakonda Commissionerate.
.... Respondent/Complainant ORDER:
This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of pre-arrest bail to the petitioners, who are arrayed as accused Nos.2 and 3 in Crime No.815 of 2025 of Choutuppal Police Station, Rachakonda Commissionerate,
registered for the offences punishable under Sections 69 and 351(2) of the BNS.
2.
The brief facts of the case are that, on 21.11.2025, the de-facto complainant lodged a report before the police stating that she is in acquaintance with accused No.1 from the last 4 years and under the guise of marriage, accused No.1 exploited her physically and thereafter, he refused to marry her and accused Nos.2 and 3, who are the relatives of accused No.1 also insisted accused No.1 not to marry the de-facto complainant. Hence, she requested for necessary action. Basing on the said complaint, the police registered a case for the above said offences.
3.
Heard Smt.
B.
L.
Kanakavalli, learned counsel appearing on behalf of the petitioners as well as Sri D. Arun Kumar, learned Additional Public Prosecutor appearing on behalf of the respondent - State.
4.
Learned counsel for the petitioners submitted that the petitioners/accused Nos.2 and 3 are no way connected with the said allegations and they are innocent of the said
allegations and petitioner No.2/accused No.3 is aged about 60 years and both the petitioners are women and Section 69 of the BNS itself is not applicable to the present petitioners and prayed the Court to grant pre-arrest bail to the petitioners by allowing this criminal petition.
5.
On the other hand, learned Additional Public Prosecutor opposed the submissions made by learned counsel for petitioners stating that there are specific allegations leveled against the petitioners herein, therefore, they are not entitled for the anticipatory bail and prayed the Court to dismiss the Criminal Petition.
6.
In the light of the submissions made by both the learned counsel and on a perusal of the material available on record, it appears that the petitioners/accused Nos.2 and 3 herein are women and aunt and grandmother of accused No.1 and the only allegation against the petitioners herein is that they insisted accused No.1 not to marry the de-facto complainant. Considering the facts and circumstances of the case and also the age of the petitioners, this Court deems it fit
to grant pre-arrest bail to the petitioners/accused Nos.2 and 3, subject to the following conditions:
i.
The petitioners/accused Nos.2 and 3 shall surrender before the Station House Officer, Choutuppal Police Station, Rachakonda Commissionerate, within two weeks from today, and on such surrender, the said Station House Officer shall release them on bail on executing a personal bond for Rs.25,000/- each, with two sureties, for the like sum each.
ii.
The petitioners/accused Nos.2 and 3 shall abide by the other conditions stipulated in Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, and co-operate with the Investigating Officer in investigating the case.
iii.
The petitioners/accused Nos.2 and 3 shall appear before the concerned Investigating Officer on every Monday between 09:00 a.m, and 05:00 p.m., till the filing of the charge sheet and thereafter, as and when required 7.
Accordingly, this Criminal Petition is allowed. Miscellaneous applications, if any pending, shall stand closed.
_______________ K. SUJANA, J Date: 04.12.2025 TU
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.15866 of 2025 Date: 04.12.2025 TU