Karupakala Lavanya @ Velpula Rajitha Vs The State of Telangana

THE HONOURABLE SMT. JUSTICE K. SUJANA

CRIMINAL PETITION No.12847 of 2025

This Criminal Petition is filed before this Court for grant of prearrest bail to the Petitioners who are arrayed as accused Nos.1 to 3 in FIR No.329 of 2024 of Geesgonda Police Station, Warangal, registered for the offences punishable under Sections 329(4), 118(1), 115(2), 351(2) read with 3(5) of BNS.

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The brief facts of the case are that, on 11.10.2024, the de-facto complainant lodged a report before the police stating that her son Karupakala Anil is married to Lavanya (Rajitha), and they have a daughter and a son. Due to disputes, her daughter in law/Lavanya left her marital home and has been staying at her maternal home for the past five years. She later developed an illicit relationship with another person and left after taking her belongings in 2019. Anil filed for divorce, which is pending in court. On 08.10.2024, while de-facto complainant and her acquaintance Mourya Seetha were at home, three unknown persons came asking about a rental room. They forcibly took Mourya Seetha upstairs. Hearing noise, de-facto complainant found Lavanya and her mother beating Mourya Seetha. When de-facto complainant intervened, she was beaten as well, suffering a broken left hand and a head injury. The attackers dragged her to the road, shouted threats, and threw a stone at her head. Relatives rescued her, and the attackers fled in a car (bearing No.

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TS27T3786). Due to injuries, she was treated at MGM Hospital, Warangal, which delayed the report to the police. She stated that the attackers had assaulted her four times previously and threatened her life. Hence, the complainant requested to take necessary action. Basing on the said complaint, the police registered a case for the above said offences.

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Heard Smt.Rajasri Manche, learned counsel appearing on behalf of the petitioners as well as Sri Arun Kumar Doddla, learned Additional Public Prosecutor appearing on behalf of the respondent - State.

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Learned counsel for the petitioner submitted that there are matrimonial disputes between the parties. After the registration of this case, they entered into a memorandum of understanding (MOU) on 13.12.2024, and a decree of divorce has since been granted in FCOP No. 87 of 2025 by the learned I Additional District Judge, FAC Judge, Family Court-cum-II Additional District Judge, Hanumakonda. Both parties wish to withdraw their cases following the MOU. The MOU itself clearly indicates their intention to withdraw the case. Despite this, the police are insisting on proceeding against these petitioners for an offence allegedly committed in 2024. Therefore, he prayed the Court to grant pre-arrest bail to the petitioners by allowing this criminal petition.

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On the other hand, the learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioners, stating that the allegations are grievous in nature, as confirmed by the medical certificate, attracting Section 118(2) of the BNS, which is a serious offence, and that the de-facto complainant has sustained grievous injuries. Therefore, he prayed the Court to dismiss the criminal petition.

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In light of the submissions made by both learned counsel and upon perusal of the material available on record, it appears that petitioner No.1 is the daughter-in-law of the de-facto complainant and her relatives. They entered into a memorandum of understanding (MOU) on 13.12.2024 to settle their matrimonial disputes. Thereafter, a divorce was granted under Section 13-B of the Hindu Marriage Act. Considering the facts and circumstances of the case, this Court deems it fit to grant pre-arrest bail to the petitioner/accused, subject to the following conditions:

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i. The petitioners/Accused Nos.1 to 3 shall surrender before the Station House Officer, Geesgonda Police Station, Warangal, within two weeks from today, and on such surrender, the said Station House Officer shall release

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them on bail, on petitioners executing a personal bond for Rs.25,000/- (Rupees Twenty

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Five Thousand only), with two sureties, for the like sum each.

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ii. The petitioners/Accused Nos.1 to 3 shall abide by the other conditions stipulated in Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023 and co-operate with the Investigating Officer in investigating the case.

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iii. The petitioners/Accused Nos.1 to 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.

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