Allowed

Pathlavath Shankar v. The State of Telangana

Telangana HC3 Dec 2024CRLP/14210/2024

Case brief

AI extract

What is this about?

Criminal court granted regular bail to an accused facing domestic assault charges under the Bharatiya Nyaya Sanhitha, citing the existence of a matrimonial dispute, simple nature of injuries, and completed investigation as key factors.

What did the court decide?

Petitioner released on bail on personal bond of Rs.25,000 with two sureties for the like sum each, subject to conditions under Section 480(3) BNSS.

Pathlavath Shankar Vs The State of Telangana — Domestic Violence | Telangana HC (2024)

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THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.14210 of 2024

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ORDER :

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This criminal petition is filed by the petitioner/accused under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhitha (for short ‘BNSS’) seeking regular bail in Crime No.813 of 2024 of P.S. Shadnagar, registered for the offences punishable under Sections 109 and 85 of Bharatiya Nyaya Sanhitha, 2023 (for short ‘BNS’).

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Heard Sri Chandra Sekhar Appam, learned counsel appearing

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for petitioner and Mr. Syed Yasar Manoon, learned Additional Public Prosecutor appearing for the respondent-State and perused the record.

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The case of the prosecution, in brief, is that about 13 years ago, the marriage of de facto complainant was performed with the petitioner herein and they were blessed with two children. Thereafter, the petitioner got addicted to alcohol and other bad vices and started harassing de facto complainant physically and mentally. On 24.10.2024, while the de facto complainant was sitting in front of their house and talking to their neighbour namely P.Ganesh, the

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SKS, J Crl.P.No.14210 of 2024

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petitioner went there, beat her with a stick suspecting her character and thereafter, brought an axe and threatened to kill her.

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The learned counsel for the petitioner would submit that though the petitioner is in no way concerned with the offences alleged, he has been falsely implicated in the case by the de facto complainant. He further submitted that there are matrimonial disputes between the parties and investigation is already completed and charge sheet is also filed before the Court concerned and the petitioner is in judicial custody since 26.10.2024, and hence, prayed for grant of bail to the petitioner.

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The learned Additional Public Prosecutor opposed the application stating that the offence committed by the petitioner is heinous in nature.

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Having regard to the submissions made by both the learned counsel and perused the material on record, it appears that there are matrimonial disputes between the parties and the injuries suffered by the de facto complainant are simple in nature. Furthermore, investigation is already completed and charge sheet is also filed before the Court concerned and the petitioner is in judicial custody since 26.10.2024. In the said circumstances, this Court is of the

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SKS, J Crl.P.No.14210 of 2024

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considered view that it is a fit case for grant of bail, subject to following conditions:

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i. The petitioner/accused shall be released on bail on his executing a personal bond for Rs.25,000/- with two sureties for the like sum each to the satisfaction of the Additional Judicial First Class Magistrate, Shadnagar, Ranga Reddy District.

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ii. The petitioner/accused shall abide by the conditions stipulated under Section 480 (3) of BNSS.

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Accordingly, this Criminal Petition is allowed.

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Miscellaneous applications, pending if any, shall stand closed.

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_______________ K. SUJANA, J

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Date: 03.12.2024

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rev

Pathlavath Shankar v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Pathlavath Shankar v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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