Gera Raj Kumar,@ Gyara Raj 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.1037 of 2026 DATE: 06.02.2026 BETWEEN:
Gera Raj Kumar @Gyara Rajkumar ... Petitioner/ Accused And The State of Telangana, represented by its Public Prosecutor High Court for the State of Telangana And another ... Respondents
O R D E R
This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of pre-arrest bail to the petitioner, who was arrayed as accused in Crime No.49 of 2026 before the L.B.Nagar Police Station, Rachakonda Commissionerate, registered for the offences punishable under Sections 69 and 88 BNS. 2.
Heard Sri Barla Mallesh Yadav, learned counsel for the petitioner and Sri D.Arun Kumar, learned Additional Public Prosecutor appearing for the respondent-State. 3.
The case of the prosecution is that, the de facto complainant lodged a report before the police on 08.01.2026
stating that in the year 2021 when she went to her younger sister Swapna's room at Shivarampally, Hyderabad and at that time, the petitioner came to Swapna's room to keep his luggage. During that time, Swapna made a phone call to the petitioner through complainant's mobile and since then the petitioner started sending messages to the complainant's mobile through instagram and frequently contacted her over phone in the name of love and also promised he would marry her. 4.
It is stated that after one year, believing his love and promise, she accepted his proposal. The complainant is studying at Pragathi Degree College, Dilsukhnagar and the petitioner is staying near TKR Kaman. It is stated that on several occasions, the petitioner took the complainant to his room and had sexual intercourse with her and thereafter the petitioner shifted his residence to Patancheru, he again took her several times to his room and fulfill his sexual pleasures. In the year 2023 she became pregnant and then petitioner brought tablets and terminated her pregnancy. When she questioned him about the same, he assured her that he would marry her. Subsequently, when she insisted about the marriage, he demanded Rs.50,00,000/- as dowry. Further, petitioner expressed her inability to pay the said amount, the petitioner
started avoiding her and the complainant came to know that the petitioner got engaged to another woman.
5.
The contention of learned counsel for the petitioner is that the petitioner is innocent of the offences alleged against him; that whatever allegation between the parties is a consensual relationship; that the petitioner never promised to marry the complainant, therefore, the ingredients of Section 96 of BNS would not attract the petitioner; that the petitioner would cooperate with the Investigating Agency for investigation of the case and hence, he requested the Court to grant Anticipatory Bail to the petitioner.
6.
On the other hand, learned Additional Public Prosecutor opposed the bail and submits that the offences alleged against the petitioner are grievous and heinous in nature; that the investigation of the case is at initial stage and that the statement of 163 Cr.P.C. Statement of the complainant is not yet recorded and at this stage the petitioner is not entitled for grant of bail and hence, he prays to dismiss the criminal petition.
7.
Having regard to the rival submissions and material placed on record, the allegation against the petitioner is that the complainant and the petitioner are in acquaintance with each
other in the year 2021 and for the last five years they are in relationship. Even in the year 2023 when the complainant became pregnant, she could not inform the same to anybody. Considering the relationship between the parties, custodial interrogation is not necessary. Having regard to the same, this Court is inclined to grant bail to the petitioner subject to the following conditions:
(i) The petitioner shall surrender before the Station House Officer, L.B.Nagar Police Station, Rachakonda Commissionrate within two (2) weeks from today, and on such surrender, the petitioner shall be released on bail on executing a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for a 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 Wednesday between 09:00 a.m, and 05:00 p.m., or till the filing of the charge sheet, whichever is earlier, and thereafter, as and when required. 8.
Accordingly, this Criminal Petition is allowed. Miscellaneous applications, if any pending, shall stand closed.
_________________ K. SUJANA, J Date: 06.02.2026 YVL