✦ High Court of India · 01 Jul 2025

The High Court · 2025

Case Details High Court of India · 01 Jul 2025
Court
High Court of India
Decided
01 Jul 2025
Bench
Not available
Length
1,391 words

Petition under Section 482 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to enlarge the petitioner/accused no.2 to 8 on Anticipatory Bail in the event of his arrest in Crime.No.466 ol 2025 on the File of PS-Jadcherla, Mahabubnagar Distnct. This Petition coming on for hearing, upon perusing the ilemorandum of Grounds of Cnminal Petition and upon hearing the arguments of Sri Rajagopallavan Tayi, Advocate for the Petitioners and Sri Syed Yasar Mamoon, Additional Public Prosecutor on behalf of the Respondent. The Court made the following: COMMON ORDER J ) THE HONOURABLE SRI JUSTICE.I. SIIEENIVAS RAO CRIMINAL PEI'II'ION Nos.75l0 and 751I ol'2025 COMMON ORDER: Since these crirninal petitions are arising out of Crirne No.466 ol 2025, these criminal petitions are heard together and disposed olby this cornrnon order.

2. 'l'hese Criminal Petitions are flled under Section 482 of Bharativa Nagarik Suraksha Sanhitha. 2023 (fbr shorl 'BNSS') seeking anticipatory bail to the petitioners/accused Nos.l to 8 in Crime No.466 o1- 2025 on the fite ol .laclcherla Police Station, Mahaboobnagar District, registered for the off'ences punishable under Section 69 of thc Bharatiya Nyaya Sanhith a, 2023 (for short ' BNS' ).

3. The case of the prosecution in brief is that de facto complainant was engaged to petitioner/A- I on 31.08.2024 with the consent of elders, during wtrlch a dowry ol 4 lakhs and 7 tulas oi gotd was agreed to and handed over at her parent's expenses. After the engagernent, de facto complainant alleged that the petitioner'/A-l maintained contact with her, met her frequently, even physically exploited het'undcr the pretext ol' I l I l ) postponing the rvedding. rnarrage. The petitioners allegedly kept Eventually, the wedding was ananged but on 08.04.2015, the accused took back the gold and falsely claimed rha. rhe de.fac.to complainant family arrived late to the wedding and rvedding rvas called o[], she was allegedly humitiated by accLrsed. Basing on the salne, prcsent crime was registered. olt 0,).04.2025,

4. I leard Mr.Rajagopallavan Tayi, petitioners and Mr.Syed yasar Mamoon, Prosecutor for the respondent_State- learned counsel lor thc learned Ad<iitional public -5. Learned counsel for the petitioners submitted that petirioners ha'e not c,mmitted alleged offences and they were fblsely irnplicated in the said crirne. Even accor.Cing to the allegations rnade in rhe cornplaint. ingredients under Section 69 of the BNS are not a-llalnst petitioner/A_ I or other accused. Leamcd petrtroners f urther submifted that cornplainant and petitioner/A- l with co I 1.08.10:4 and rhe mariage dare was fac.to complainant herself withdrawn th e marriage ancl cn the otherhand Ioclged a contplaint agarnst the petitioners on 1 1 06.202-5 q,ith an counsel fbr thc engagement ol- the de _/ttcto nsent of the ejde,rs look place on fixed on 09.0.1.2025. .l-he iitf[lctc(l -1 intention to harass the petitioners. He fufiher submitted that thc pctitioner Nos.2 to 8 are sisters, brother-in-laws and parents of A- l. There are no allegations much less specific allegations against the petitioner Nos.2 to 8. He further submittcd that thc petitioners are not having any criminal antecedents and they are ready to cooperate with the investigation and also ready to abide by the conditions, which are going to be imposed by this Court and hence, prayed fbr grant ol anticipatory bail. I

6. On the other hand, leamed Additionat Public Prosecutor sr-rbrnitted that petitioners havc committed a grave of'fence, and there are specific allegations against them and the investigation is under progress. Therefbre, if the petitioners are granted anticipatory bail, at this stage, there is every chance to influence the rvitncsses and to interf'cre with the investigation. Hence, prayed to dismiss the petition.

7. Having considered the rival submissions made by the respective parties and after perusal of the material availablc on record, it reveals tlrat basirrg on the cornplaint lodged b"v tle-/aclo cotnplainant crime No.-166 o1' 2025 was registered on I 1.06.2025 lor the of'Gnce l punishable under Section 69 of BNS. After perusal c,'- thc a[leqations nrade in the cornplaint, this Court is of the considered,iiew that oifcnce tunder Section (r9 of BNS is not attracted against the pt:titioner/acc used Nos.l to 8. In so thr as, petitioner/A- I is concemed tlrere arc specific and scrior,rs allcgations are leveled. 8 1-aking into consideration the above facts, since thcle are spccilic allegations :rsainst the petitioner/accused No. 1 , th is Court is not inclincd to grant anticipatory bail in his favour. especia[[1 rihen invc'stigation is under progress. Hence, Criminal Petition No.75 i0 of 2015 is disnrissed. [nsofar as the petitioners/accusi',1 Nos.2 to 8 in Crinrinal Pctition No.75 I I of 2025 is concemed, as the inglcdients runde'r Scclion 69 ol BNS are not attracted, this CcLrrt is inclined to urant anticipatory bail to petitioners/accused Nos.2 to 8, subject to the Ibllorving conclitions: l. The petitioners/accused Nos.2 to 8 shall surrender belbrc the Station House Officer of Jadcherla Potice Station. Mahabubnagar District, on or before 08.07.2025, and on such surrender, the said Station l{ouse Officer shall release the petitionersr accused Nos.2 to 8 on bail on their executing a personal bond lirr Its. 10.000/- (Rupees ten thousand onlv) rvith rr.r,o sLlret ies, lbI a like sum cach. 5 )

2. After release, the petitioners/accused Nos.2 to 8 shalt appear before the concerned SHO as and when their presence is required. -1. After release, the petitioners/accused Nos.2 to 8 shall not influence the witnesses or intert'ere with the investigation.

4. The petitioners/accused Nos.2 to 8 shall abide by the other conditions stipulated in Section 482 (2) Bharatiya Nagarik Suraksha Sanhitha, 2023 and co- operate with the Investigating Officcr irr investigating the case.

9. Accordingly, the Crirninal Petition No.75 ll ol 2025 is allou,ed ancl Crirninal Pctition No.75 l0 of'2025 is dismisscd. Miscellaneous applications, pending if any, shall stand closed. SD/. A.PRATHIMA DEPUTY REGISTRAR //TRUE COPY// S TION OFFICER To,

1. The Additional Judicial Magistrate of First Class, Jadcherla 2 The station House officer, Jadcherra r"*" p"ri" station, Mahabubnagar 3. Two CCs to public prosecutor, High Court forlf,u Siut" of Telangana at 4. One CC to Sri Raiaoooallavan Tayi, Advocate IOPUC] 5. Two CD Copies Hyderabad [OUT] PAc. AI]K/PSL HIGH COURT DATED: 0110712025 / ' COMMON ORDER CRLP.Nos.7510 and 7511 of 2025 .ii:;i,h*. 2 7 Utr 2t[5 () L ', _-1.. I ,\ '/ \i CRLP No.751 'l Ol= 2025 lS ALLOWED AND CRLP No.7510 Ol:2025 lS DISMISSED Pr1cr. >3 \r o \:-(

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