Gaddam Shiva Kumar @ 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.3352 of 2026 DATE: 16.03.2026 Between:

Gaddam Shiva Kumar @ Shiva Kumar

...Petitioner/accused No.1

AND The State of Telangana, Rep. by its Public Prosecutor, High Court at Hyderabad.

.... Respondent/Complainant

O R D E R

This Criminal Petition is filed before this Court for grant of bail to the Petitioner who is arrayed as accused No.1 in FIR No.409 of 2025 of Nawabpet Police Station, Mahabubnagar District, registered for the offences punishable under Sections 69, 115(2), 352, 351(2) of the BNS, 2023.

2.

The case of the prosecution is that, on 21.12.2025, the de-facto complainant lodged a report before the police stating

- 2 - that, for the last one year, she got acquainted with the petitioner herein, and slowly their acquaintance turned into love. The petitioner used to visit her house and deceitfully promised that he would marry her. By making such false promises, he forcibly had sexual intercourse with her, due to which she became pregnant. She informed the same to the petitioner herein. Thereafter, the petitoner along with his elder sister and his brother-in-law made her consume some unknown tablets to terminate her pregnancy. She informed the same to her mother. When they went to the petitioner's house, he stated that he would not marry her and told her to do whatever she wanted. Hence, the complainant requested to take necessary action against the accused persons for cheating her, making her pregnant, and forcing her to consume unknown tablets. Basing on the said complaint, the police registered a case for the above said offences.

3.

Heard Sri M. A. Ismail Zabeullah, learned counsel representing Sri P. Madhu Sudhan, learned counsel appearing on behalf of the petitioner as well as Sri M. Ramachandra Reddy, learned Additional Public Prosecutor appearing for the respondent-State.

- 3 - 4.

Learned counsel for the petitioner submitted that the petitioner is innocent of the said allegations and whatever the relationship between them is a consensual relationship and he is in jail since 07.01.2026 and the material part of the investigation was already completed and as on today, no charge sheet is filed, as such, he is entitled for the bail. Therefore, he prayed the Court to grant bail to him by allowing this criminal petition.

5.

On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner stating that the allegations against the petitioner herein are serious and heinous in nature and the investigation is not yet completed, as such, at this stage, he is not entitled for the bail and prayed the Court to dismiss the criminal petition. 6.

In the light of the submissions made by both the learned counsel and upon perusal of the material available on record, it appears that the petitioner herein is in jail since 07.01.2026. As seen from the remand case diary, the prosecution witnesses, LWs 1 to 14 have already been examined. Considering the facts and circumstances of the case, the nature of the allegations, the stage of investigation, the duration of

- 4 - incarceration and also the relationship between the parties, this Court finds it appropriate to grant bail to the petitioner, subject to the following conditions:

i.

The petitioner shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties for a like sum each to the satisfaction of the learned I Additional District and Sessions Judge-CumSpecial Sessions Judge for Fast Tracking the Cases Relating to Atrocities Against Women, Vikarabad.

ii.

The petitioner shall appear before the concerned SHO at 11:00 a.m., on every Monday 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.

iii.

The petitioner shall abide by the conditions stipulated in Section 437(3) of Cr.P.C. (presently, Section 480(3) of the BNSS).

- 5 - 7.

Accordingly, the Criminal petition is allowed. Miscellaneous applications, if any pending, shall stand closed.

_______________ K. SUJANA, J Date: 16.03.2026 TU

- 6 - THE HON'BLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.3352 OF 2026 DATE : 16.03.2026 TU