Boppana Naga Priya, (A-2) vs. The State Of Telangana

Facts

The petitioner, Boppana Naga Priya (Accused No.2), filed a Criminal Petition under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking anticipatory bail. The FIR was registered for offences under Sections 318(4), 319(2), 336(3), 338 r/w 3(5) of the BNS and Section 66-D of the IT Act. The prosecution alleged that the de-facto complainant was cheated by Accused Nos. 1 to 3 and others, who dishonestly obtained his bank account details for their interior business and GST-related requirements. The complainant provided bank account details and access to the accused, including the petitioner, who was a family friend. The accused allegedly misused these accounts for illegal activities and forged credentials. The complainant learned through newspaper reports that Accused No.1 was involved in a cheating case of Rs. 547 Crores, leading him to believe his accounts were misused. The petitioner was arrayed as Accused No.2 based on another accused's confession statement, alleging her active involvement.

Held

The Court granted pre-arrest bail to the petitioner, Boppana Naga Priya (Accused No.2), considering the facts and circumstances of the case, including her health condition. The Court noted that the petitioner is 8 months pregnant with an expected delivery date of 30.05.2026. The reasoning for granting bail was primarily based on humanitarian grounds due to her pregnancy and the impending delivery. The Court directed the petitioner to surrender before the Station House Officer, Sathupally Police Station, within two weeks, who would then release her on bail upon executing a personal bond of Rs. 25,000/- with two sureties for the like sum. The petitioner was also directed to abide by the conditions stipulated in Section 482(2) of the BNSS, 2023, cooperate with the investigating officer, and appear as and when required. The issue of her actual involvement in the crime was not definitively decided, but the grant of bail was based on her health condition.

Key Issues

1. Whether the petitioner is entitled to anticipatory bail under Section 482 of the BNSS, 2023, considering her alleged involvement in the crime and her health condition? The petitioner argued that she had no connection to the crime, other than being the wife of Accused No.1. She further contended that she is 8 months pregnant with an expected delivery date between 25.05.2026 and 30.05.2026, and therefore, sought anticipatory bail on humanitarian grounds due to her health condition. The respondent-State, through the learned Additional Public Prosecutor, argued that the allegations against the petitioner were serious and her custodial interrogation was necessary for further investigation. However, the State conceded that the Court may take a decision considering the petitioner's health condition.