Porandla Srinivas v. The State Of Telangana
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.3121 of 2025 ORDER:
Seeking the Court to enlarge the petitioner who is arrayed as accused No.1 in Crime No.313 of 2024 before the Nandigama Police Station, Cyberabad Commissionerate, on pre-arrest bail, the present Criminal Petition is filed.
2.
The brief facts of the case revolve around a complaint filed by Narala Kavitha against the petitioner, Porandla Srinivas, alleging that he deceived her by making false promises to marry her, leading to a romantic relationship. It was alleged that on the night of December 9-10, 2024, the petitioner engaged in sexual intercourse with her using deceitful words, bit her chest and thighs, and later physically assaulted her when she informed his parents about their relationship. It was further alleged that the petitioner threatened to post her nude photos on social media and pour acid on her face. Furthermore, she alleged that the petitioner, along with co-accused A2 to A7, made false promises to marry her, maintained a relationship, and engaged in sexual intercourse multiple times before denying
marriage and cheating her. Being aggrieved by the implication in the said case, this criminal petition is filed. 3.
Heard Sri S.Ganesh, learned counsel appearing on behalf of the petitioner, as well as Sri Syed Yasar Mamoon, learned Additional Public Prosecutor appearing on behalf of the respondent-State.
4.
Learned counsel for the petitioner submitted that the allegations in the FIR/complaint, even if taken at face value, do not constitute any offence or make a case against the petitioner. He contended that the allegations are absurd, improbable, and false, and the petitioner vehemently denies them. He lamented that the complaint itself reveals a consensual sexual relationship between the complainant, a married woman, and the petitioner, making the alleged offenses under Section 69 BNS and other sections untenable. He asserted that there is a delay of 20 days in lodging the complaint, and the petitioner is innocent, law-abiding, and from a respectable family, with no antecedents. Therefore, while advocating that the petitioner is ready to furnish sureties and abide by any conditions imposed by the Court, he prayed the Court to grant pre-arrest bail to the petitioners by allowing this criminal petition.
5.
On the other hand, learned Additional Public Prosecutor vehemently opposed the submissions made by learned counsel for petitioner, stating that the allegations leveled against the petitioners are serious in nature. At this stage, granting of prearrest 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 learned counsel and reviewing the material available record, it appears that the complaint reveals the de facto complainant is a married woman who has not obtained a divorce. The complaint also suggests a consensual relationship between the parties. Given the facts and circumstances of the case, this Court 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, Nandigama Police Station, Cyberabad Commissionerate, 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.10,000/- 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., till the filing of the charge sheet 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: 06.03.2025 SAI
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.3121 of 2025 Date: 06.03.2025 SAI