Medak Kiran Mahi

1Crl.M.P.No. 239 of 2026 in Cr.No. 65 of 2026 of Chinthapally P.S.,

Dt: 30.04.2026.

IN THE COURT OF THE SPECIAL SESSIONS JUDGE FOR TRIAL OF CASES

RELATING TO ATROCITIES AGAINST WOMEN-CUM-

IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, NALGONDA

PRESENT: MISS K. KAVITHA, 1st Addl. District & Sessions Judge, Nalgonda. I/C: Special Sessions Judge for Trial of Cases Relating to Atrocities against Women-cum-IV Additional District and Sessions Judge, Nalgonda.

(Thursday, this the 30th day of April, 2026)

Crl.M.P.No. 239 of 2026

In

Cr.No. 65 of 2026

(Chinthapally Police Station) BETWEEN:-

Sabavath Shiva S/o Bichya, Age: 38 years, Caste: ST/Lambada, Occ: Auto driver, R/o Banjara colony, Hayathangar, N/o Danjilal Thanda village of Mallepally Mandal. ….Petitioner/Accused

AND The State of Telangana, represented by S.H.O., Chinthapally P.S., through Public Prosecutor, Sessions Court, Nalgonda. …. Prosecution/Complainant

Petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, for the offences punishable under Sections 64 (2)(i)(k), 115(2) of the Bharatiya Nyaya Sanhita-2023

This Bail petition is coming up before me for final disposal on 30.04.2026 in the presence of Sri. B. Ashok Kumar, learned Counsel for the petitioner/accused and Smt. D. Srivani, Public Prosecutor for the State and having stood over for consideration till this day, the Court made in the following:- : O R D E R :

1.This is the 2nd Bail petition filed under Section 483of the Bharatiya

Nagarik Suraksha Sanhita by the petitioner/accused of this crime. The offences alleged against the petitioner/accused are for the offences under

Sections 64 (2)(i)(k), 115(2) of the Bharatiya Nyaya Sanhita-2023.

2Crl.M.P.No. 239 of 2026 in Cr.No. 65 of 2026 of Chinthapally P.S.,

Dt: 30.04.2026.

2.Brief facts of the case are as follows:-

On 03.04.2026 at about 10.30 hours, the complainant/Duvasi

Chennaiah S/o Ashanna came to the P.S and lodged a petition stating that his sister Kollipaka Asha W/o Parvathalu, residing at Hayathanagar

Hyderabad by doing coolie works. On 03.04.2026 at morning 06.30 hours, he received a phone call from cell No. 6303832186, and noticed that his sister and one person found at Chinna Adisharlapally and she is dumb, immediately he came to Chinna Adisharlapally and asked his sister, she disclosed that with her known language, one person kidnapped her forcibly at RTC bus stand Hayathanagar, Hyderabad in an Auto and brought to that place. On enquiry, he came to know the said person name Sabavath Shiva

S/o Bichya, Age: 38 years, Caste: ST lambada, Occu: Auto driver,

R/o Banjara colony, Hayathangar. Hence, the complainant requested to take legal action against the person, who kidnapped his sister and take legal action as per law and do Justice.

3.The learned Counsel for the petitioner/accused submitted that this is the 2nd Bail petition submitted by the petitioner/accused and the 1st Bail petition vide Crl.M.P. No. 225 of 2026, dated 21.04.2026 was dismissed by this Court and he was remanded to Judicial custody on 09-04-2026 and since then he has been confined in District Jail, Nalgonda.

It is further submitted that the petitioner/accused is innocent, he has been implicated in the present case due to previous village disputes in order to harass him and he never committed any offence as alleged in the complaint and he denied each and every allegations leveled against him. Further, the allegations in the complaint are vague, unsubstantiated and lack of specific details regarding the alleged act of kidnapping and there is no material to 3Crl.M.P.No. 239 of 2026 in Cr.No. 65 of 2026 of Chinthapally P.S.,

Dt: 30.04.2026.

establish that the petitioner/accused had any criminal intention or mens rea to commit the alleged offence. It is further submitted that the alleged victim is a major woman and there is no clear evidence to show that she was taken forcibly or against her will. The version of the complainant is based on assumptions and interpretations of gestures, as the alleged victim is stated to be dumb, which creates serious doubt about the authenticity and reliability of the allegations. The petitioner/accused is a permanent resident of his native place and also Banjara colony, Hayathangar within the jurisdiction of this Hon'ble Court and there is no likelihood of his absconding or evading the process of law and there is no possibility of his tampering with prosecution witnesses or evidence in any manner. It is further submitted that the petitioner/accused is the sole breadwinner of his family and the entire family is dependent solely upon his earnings for their livelihood. The Police, Kondamallepally, have already completed the entire investigation by examining all material witnesses i.e., LWs.1 to 13, except for filing of the charge sheet, nothing remains pending in the investigation.

Hence, prayed to grant bail to the petitioner/accused.

4. The learned Additional Public Prosecutor filed counter contending that the case arises out of a heinous to rape of mentally disabled lady by the accused. In this case, investigation is pending, FSL reports are awaited and some more evidence have to be collected. If the accused is released on bail at this crucial stage, he may threaten the victim and her family members and manipulate the evidence and he may abscond or evade trial, considering the gravity of punishment and he may create panic towards the victim and her family. Hence, prayed to dismiss the Bail application.

5.Heard both sides and perused the record.

4Crl.M.P.No. 239 of 2026 in Cr.No. 65 of 2026 of Chinthapally P.S.,

Dt: 30.04.2026.

6.Now the point for consideration is:

“Whether the petitioner/accused can be enlarged on Bail as prayed for”?

POINT:-

7.Perused the Case diary, dated 29.04.2026 and other material on record. The case of the prosecution is that the petitioner/accused com- mitted the alleged offences under Sections 64 (2)(i)(k) & 115(2) of the

Bharatiya Nyaya Sanhita-2023. This Court has dismissed the 1st Bail petition vide Crl.M.P. No. 225 of 2026, dated 21.04.2026 by observing thatin this case, investigation is not yet completed, FSL Reports are awaited and some more evidence have to be collected. If the petitioner/accused is released on bail, he may threat the victim, who is dumb and her family members and manipulate the evidence. Further if the petitioner/accused is released on bail, he may abscond or evade trial, considering the gravity of punishment and he may create panic towards the victim and her family. Moreover, the allegations made against the petitioner/accused are considered to be a serious in nature. After dismissal of the said petition, this Court does not find any change in the circumstances. As such, this Court is not inclined to grant bail to the petitioner/accused at this stage. The point is answered accordingly.

In the result, the Bail petition is dismissed.

Typed to my dictation by the Stenographer Gr.I, corrected and pronounced by me on this the 30th day of April, 2026.

Sd/-

I/C: Special Sessions Judge for Trial of Cases relating to Atrocities against Women-cum-IV

Additional District and Sessions Judge,

Nalgonda.

1Crl.M.P.No. 236 of 2026 in Cr.No. 56 of 2026 of Nalgonda II (T) P.S.,

Dt: 4.05.2026.

IN THE COURT OF THE SPECIAL SESSIONS JUDGE FOR TRIAL OF CASES

RELATING TO ATROCITIES AGAINST WOMEN-CUM-

IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, NALGONDA

PRESENT: Smt. M.Kiran Mahi, Special Sessions Judge for Trial of Cases Relating to Atrocities against Women-cum-IV Additional District and Sessions Judge, Nalgonda.

(Monday, this the 4th day of May, 2026)

Crl.M.P.No. 236 of 2026

In

Cr.No. 56 of 2026

(Nalgonda II (T) Police Station) BETWEEN:-

Chippalapally Suresh S/o Ramulu, Age: 30 years, Caste: SC (Madiga), Occ: Watchman at Vishista Apartments, Ravindranagar, Nalgonda, R/o H.No.4-34, SC Colony, Neerunemula village, Ramannapet Mandal, Yadadri-Bhuvanagiri District. ….Petitioner/Accused

AND The State of Telangana, represented by S.H.O., Nalgonda II (T) P.S., through Addl. Public Prosecutor, Sessions Court, Nalgonda. …. Prosecution/Complainant

Petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, for the offences punishable under Sections85, 108 of the Bharatiya Nyaya Sanhita-2023

This Bail petition is coming up before me for final disposal on 4.05.2026 in the presence of Sri. M.Lenin Babu, Deputy Chief Legal Aid Defense Counsel for the petitioner/accused and Smt. D. Srivani, I/c: Addl. Public Prosecutor for the State and having stood over for consideration till this day, the Court made in the following:- : O R D E R :

1.This is the 1st Bail petition filed under Section 483of the Bharatiya

Nagarik Suraksha Sanhita by the petitioner/accused of this crime. The offences alleged against the petitioner/accused are for the offences under

Sections 85, 108 of the Bharatiya Nyaya Sanhita-2023.

2Crl.M.P.No. 236 of 2026 in Cr.No. 56 of 2026 of Nalgonda II (T) P.S.,

Dt: 4.05.2026.

2.Brief facts of the case are as follows:-

On 13.02.2026 at about 8.00 a.m., the complainant/Mothkuru

Narsimha S/o Maisaiah came to Nalgonda II (T) P.S and lodged a complaint stating that he had two sisters. His younger sister Durga @ Laxmi marriage was solemnized with Chippalapally Suresh (accused) in the year-2015 and they were blessed with one daughter and two sons. Since four years, his brother-in-law (accused), his sister and their children were living at

Nalgonda. Accused had been working as a watchman in Vishista

Apartments, Ravindranagar, Nalgonda since four months and residing at ground floor on the same apartments with his family. Since from last some days, accused had been addicted to alcohol and he regularly used to come to his house by consuming alcohol and he harassed his sister physically and mentally, used to beat her by suspecting her character. Due to the above unbearable harassment of accused, on 12-02-2026 evening at 16.00 hours, his sister committed suicide by hanging to the ceiling fan with her saree at her room in the ground floor of Vishista Apartments, Ravindranagar,

Nalgonda. Hence, he requested to take necessary legal action against accused, who is responsible to the death of his sister.

3.The learned Counsel for the petitioner/accused submitted that this is the 1st Bail petition submitted by the petitioner/accused, who was remanded to Judicial custody on 10-03-2026 and since then he has been confined in District Jail, Nalgonda. It is further submitted that the petitioner/accused was falsely implicated in the present case due to false complaint given by the complainant and he denies all allegations leveled against him. Further, the Police completed entire investigation by examining all material witnesses, except for filing of the charge sheet, nothing remains 3Crl.M.P.No. 236 of 2026 in Cr.No. 56 of 2026 of Nalgonda II (T) P.S.,

Dt: 4.05.2026.

pending in the investigation. It is further submitted that the petitioner/ accused is sole bread winner to the family and is ready to furnish sufficient sureties for the satisfaction of the Court. Hence, prayed to grant bail to the petitioner/accused.

4. The learned Additional Public Prosecutor filed counter contending that the petition filed by the petitioner/accused for bail is neither maintainable under law or on facts and the same is liable to be dismissed in limits. In this case, if the accused is released on bail, he may threaten the witnesses and he might also tamper and hamper the investigation. Hence, prayed to dismiss the Bail application.

5.Heard both sides and perused the record.

6.Now the point for consideration is:

“Whether the petitioner/accused can be enlarged on Bail as prayed for”?

POINT:-

7.Perused the Case diary, dated 29.04.2026 and other material on record. The case of the prosecution is that the petitioner/accused com- mitted the alleged offences under Sections 85, 108 of the Bharatiya Nyaya

Sanhita-2023.The petitioner/accused was remanded to Judicial custody for more than 55 days i.e., from 10.03.2026 and as per the record, it shows that the Investigating Agency completed entire investigation by examining all the material witnesses and also filed Charge sheet. There is no possibil- ity of threatening or tampering the witnesses. Considering the facts and 4Crl.M.P.No. 236 of 2026 in Cr.No. 56 of 2026 of Nalgonda II (T) P.S.,

Dt: 4.05.2026.

circumstances of the case, this Court is of the opinion that the petitioner/ accused is entitled to grant bail. The point is answered accordingly.

In the result, the Bail petition is allowed and the petitioner/accused is ordered to be enlarged on bail on his executing a personal bond of

Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for the like sum each to the satisfaction of the learned III Addl. Judicial Magistrate of First Class, Nalgonda.

Typed to my dictation by the Stenographer Gr.I, corrected and pronounced by me on this the 4th day of May, 2026.

Sd/-

Special Sessions Judge for Trial of Cases relating to Atrocities against Women-cum-IV

Additional District and Sessions Judge,

Nalgonda.

Copy to:

1) The III Addl. Judicial Magistrate of First Class, Nalgonda.

2) The Station House Officer, P.S. Nalgonda II (T).