Chinthala Shiva Kumar v. The State Of Telangana,

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.74 of 2026 10.02.2026 Between:

Chinthala Shiva Kumar.

PETITIONER AND The State of Telangana, Rep by Public Prosecutor, High Court for the State of Telangana, at Hyderabad RESPONDENT

ORDER

This Criminal Petition is filed before this Court for grant of pre-arrest bail to the petitioner who is arrayed as accused in Crime No.1304 of 2025 before the Saroornagar Police Station, registered for the offence punishable under Section 69 of BNS, 3(2)(v) of SC/ST (POA) Act. 2.

The brief facts of the case are that complainant/victim, a resident of Saroornagar and a

student preparing for bank examinations at a coaching centre in Dilsukhnagar, became acquainted in 2022 with Chintala Shiva Kumar, aged about 30 years, a TGSP Constable of Dichpally Battalion. Shiva Kumar obtained her contact numbers and, after persistent pursuit, expressed his love and promise of marriage, which the victim eventually accepted. Thereafter, they maintained close contact, and on several occasions Shiva Kumar met her near her hostel and coaching centre. In 2022, he took her to an OYO hotel at Dilsukhnagar, where, under the pretext of marriage, he forcibly had sexual intercourse with her despite her refusal. Subsequently, he repeatedly took her to the same hotel and had physical relations, resulting in her pregnancy. On informing him, he administered abortion tablets to her.

Later, when she insisted on marriage, he postponed the matter and ultimately refused, citing caste differences, stating her caste was lower, and that his family would not agree. On 06.12.2025, he categorically refused marriage and disconnected her calls, and on 07.12.

contact him, and blocked her numbers. When her family confronted him, he threatened them, stating "do whatever you want," and further threatened to circulate nude videos of the victim if she insisted on marriage. On the basis of the complaint, the police registered Crime No.1304/2025 and took up investigation.

3.

Heard Sri J.Suresh Rao, learned counsel for 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, a TGSP Constable with an unblemished record, has been falsely implicated in Crime, and the same is which is malicious and retaliatory. The complainant persistently sought friendship, engaged in inappropriate chats, and later resorted to threats and blackmail to coerce the petitioner. He contended that the petitioner never knew her caste, no caste‐related words were uttered in public view, and the dispute is purely personal, making invocation

of the SC/ST Act unsustainable. Therefore, he prayed the Court to grant pre-arrest bail to the petitioner by allowing this Criminal Petition.

5.

Learned Additional Public Prosecutor vehemently opposed the submissions made by learned counsel for petitioner, and contended that there are serious allegations against the petitioner and investigation is pending. Therefore, he prayed the Court to dismiss the criminal petition.

6.

Having regard to the rival submissions and material on record, it is noted that the petitioner and complainant are in relationship since 2022 and previously also the complainant filed complaint against the petitioner which was withdrawn and the matter was settled before elders, and this complaint is filed alleging that petitioner disconnected the call of complainant on 07.12.2025. However, it is noted that there is no allegation that the petitioner has refused to marry her on the ground of caste. There are no specific set of allegations leveled against the

petitioner to attract the offences as alleged against the petitioner. Therefore, this Court deems it fit to grant prearrest bail to the petitioner subject to the following conditions:

i.

The petitioner shall surrender before the Station House Officer, Saroornagar Police Station, Rachakonda, within two weeks from today, and on such surrender, the said Station House Officer shall release him on bail on executing a personal bond for Rs.25,000/-, with two sureties, for the like sum each.

ii.

The petitioner 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.

iii.

The petitioner shall appear before the concerned Investigating Officer on every Monday between 09:00 a.m, and

05:00 p.m., for a period of eight weeks or till the filing of the charge sheet, whichever is earlier, and thereafter, as and when required.

7.

Accordingly, this Criminal Petition is allowed. Miscellaneous applications, if any pending, shall stand closed.

______________ K. SUJANA, J Date: 10.02.2026 PT

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.74 of 2026 Date: 10.02.2026 PT