Kolipaka Rakesh 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.1775 of 2026 DATE: 23.02.2026 BETWEEN:

Kolipaka Rakesh ..... Petitioner/Sole Accused And The State of Telangana, Rep. by its Public Prosecutor, High Court for the State of Telangana at Hyderabad. ..... Respondent/Complainant

ORDER

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 are arrayed as accused in Crime No.19 of 2026 before the Kamlapur Police Station, Warangal District, registered for the offences

punishable under Sections 64(2)(m), 115(2), 296(b), 351(2), 308(3) and 74 of Bharatiya Nyaya Sanhita, 2023 (BNS). 2.

The brief facts of the case are that the de facto complainant lodged a report before the police on 26.01.2026, stating that the accused had been following her in the name of love and giving false promises that he loved her and had sexual intercourse with her and forcibly committed rape several times. The first incident occurred at her house in the village, and the last incident took at Hanamkonda outskirts in an isolated place. Due to his harassment, her family members shifted to Hanamkonda and stayed there. On 24.01.2026, the victim went to her friend's village. On 25.01.2026, he came there on his Glamour bike, caught hold of her hands, and demanded that she fulfill his sexual desire. He abused her in filthy language, and when she refused, he became angry, beat her indiscriminately with his hands and legs, and extorted her. Later, he fled from the scene, threatening that if she disclosed the incident to anyone, he would kill her. Hence, requested the police to take necessary action. Based on this report, the police registered a case against the accused for the alleged offences.

3.

Heard Sri Ponampelli Ravi, learned counsel appearing on behalf of the petitioner, and Sri M. Ramachandra Reddy, learned Additional Public Prosecutor appearing on behalf of the respondent-State.

4.

Learned counsel for the petitioner submitted that the petitioner and the de-facto complainant are presently living together. In fact, they were married and were in love with each other. However, due to pressure exerted by the family members of the de-facto complainant, the de-facto complainant lodged a false complaint against the petitioner and that no offence has been committed by the petitioner. Hence, he prayed the Court to grant pre-arrest bail to the petitioner by allowing the present Criminal Petition. 5.

On the other hand, the learned Additional Public Prosecutor submitted the statement of the victim recorded under Section 183 of the BNSS, which clearly reveals that the de-facto complainant lodged a false case against the petitioner. Therefore, he prayed the Court to pass appropriate orders.

6.

In light of the submissions made by both learned counsel and upon perusal of the statement of the victim under Section 183 of BNSS, this Court is of the view that custodial interrogation of the petitioner is not necessary and deems it fit to grant pre-arrest bail to the petitioner, subject to the following conditions:

i.

The petitioner shall surrender before the Station House Officer, Kamlapur Police Station, Warangal District 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/- each 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 Wednesday between 09:00 a.m, and 05:00 p.m. for a period of eight (8) weeks or till filing of charge sheet whichever is earlier, for the purpose of investigation, 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: 23.02.2026 SS

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.1775 of 2026 Date: 23.02.2026 SS