CRLP/10246/2026 of Smt. Empelli Srilakshmi @ Swapna @ Shyamala Vs State of Telangana on 15 July 2026

ORDER

This Criminal Petition is filed praying this Court to enlarge the petitioner on bail who is arrayed as accused No.8 in Crime No.379 of 2025 before the Chatrinaka Police Station, Hyderabad, registered for the offence punishable under Sections 137(2), 64(1), 143(4) of BNS and Section 5 read with 6 of POCSO Act, 2012 and Section 3, 4 and 5 of Prevention of Immoral Traffic Act, 1956.

SKS,J Crl.P.No.10246 of 2026

2. The brief facts of the case are that the petitioner is arrayed as accused No.8 in Crime No.379 of 2025 of Chatrinaka Police Station for the offences punishable under Sections 137(2), 64(1) and 143(4) of the BNS, Section 5 r/w 6 of the POCSO Act and Sections 3, 4 and 5 of the Immoral Traffic (Prevention) Act. The allegation against the petitioner is that she facilitated and harboured the minor victim for the purpose of sexual exploitation by the other accused. Though no direct act of sexual assault is attributed to her, she is alleged to have assisted the principal accused in the commission of the above said offences. She was arrested on 15.04.2026 and has been in judicial custody since then.

3. Heard Sri Bharadwaj Reddy Mothe, learned counsel appearing on behalf of the petitioner, and Sri D. Arun Kumar, learned Additional Public Prosecutor appearing on behalf of the respondent–State.

4. Learned counsel for the petitioner submitted that the petitioner is a 46-year-old widow having two minor dependent children, has no criminal antecedents, and has been in custody since 15.04.2026.

He contended that the investigation is completed, the charge sheet has been filed, all

SKS,J Crl.P.No.10246 of 2026

the co-accused have already been enlarged on bail, the petitioner is entitled to parity, no overt act of sexual assault is attributed to her, and there is no likelihood of absconding or tampering with the evidence. Therefore, he prayed the Court to grant bail to the petitioner by allowing this Criminal Petition.

5. On the other hand, the learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner contending that the petitioner is involved in serious offences under the POCSO Act and the Immoral Traffic (Prevention) Act, and considering the gravity of the allegations, she is not entitled to bail. At this stage, granting of bail to the petitioner does not arise. Therefore, he prayed the Court to dismiss the Criminal Petition.

6. In the light of the submissions made by both the learned counsel and a perusal of the material available on record, it appears that the petitioner is in jail since 15.04.2026. As seen from the record, the material part of the investigation has been completed. Considering the facts and circumstances of the case and the incarceration period of the

SKS,J Crl.P.No.10246 of 2026

petitioner, this Court deems it fit to grant bail to the petitioner, subject to the following conditions: i. The petitioner shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, with two sureties for a like sum each to the satisfaction of the Special Court for the trial of the Protection of Children from Sexual Offences Act cases-cum-XII Additional Metropolitan Sessions Judge, Nampally. ii. The petitioner shall abide by the conditions stipulated in Section 437(3) of Cr.P.C.(presently, Section 480(3) of the BNSS).

7. Accordingly, the Criminal petition is allowed.

Miscellaneous applications, if any pending, shall stand closed. _______________ K. SUJANA, J Date: 15.07.2026 SAI

SKS,J Crl.P.No.10246 of 2026

THE HONOURABLE SMT JUSTICE K. SUJANA

CRIMINAL PETITION No.10246 of 2026

Date: 15.07.2026 SAI