Dhobbili Naveen, v. The State Of Telangana
THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.4893 of 2025 ORDER:
This Criminal Petition is filed under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short 'BNSS') seeking bail to the petitioner/accused No.1 in Crime No.175 of 2025 on the file of Keesara Police Station, Medchal-Malkajgiri District, registered for the offences punishable under Sections 376(2)(N) and 506 of IPC and Section 5(l) r/w 6 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act').
2.
The case of prosecution in brief is that on 20.02.2025 at 13.00 hours the S.H.O., Keesara Police Station received FIR in Crime No.32 of 2025 under Sections 376(2)(n) of IPC and Section 5(l) read with Section 6 of POCSO Act in respect of the complaint given by the victim, wherein it was stated that six years ago, while she was in 8th standard, she became acquainted with her uncle's son namely Dobbali Naveen. On such acquaintance, he proposed to marry her and used to meet her frequently and recorded nude videos and photos of her. When the victim pursuing B.Tech, he
insisted to call him regularly and when she refused, he threatened to share her nude videos with her family members and took her to Oyo Flagship Alpine Glow Peak, near Suchitra, Alwal, claiming it belonged to his acquaintances and forcibly engaged in sexual activity with her multiple times and when she asked to marry her, he is postponing the same with false promises. Subsequently she learnt that Naveen had married two days prior, confirmed by himself and confronted his parents, his uncles namely Ashok, Ramanji and his sister Prasanna and her husband Samuel, who accused her of poor character, threatened to defame her at her B.Tech college and to release her nude videos and photos on social media and also threatened to harm her family members. Basing on the said complaint, the present crime was registered against the petitioner and other accused for the aforesaid offences. 3.
Heard Mr.Akkam Eshwar, learned counsel for the petitioner and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondent-State.
4.
Learned counsel for the petitioner submitted that petitioner has not committed any offence and he was falsely implicated in the above said crime. He further submitted that even according to the
allegations made in the complaint, the ingredients of Section 376(2)(N) of IPC and Section 6 of POCSO Act are not attracted against the petitioner. He further submitted that even according to the averments made in the complaint, the alleged incident was taken place six years back, whereas de-facto complainant lodged the complaint on 20.02.2025, with an intention to harass the petitioner. He further submitted that the petitioner and victim girl are near relatives and they have acquaintance since victim was in 8th class and victim girl and her parents are well aware that the petitioner got married, however, with an intention to harass the petitioner lodged a complaint with all false allegations. He further submitted that petitioner was arrested on 18.03.2025 and since then he is in judicial custody. He further submitted that entire investigation is completed, except filing of charge sheet and he is ready to cooperate with the investigation and also ready to abide by the conditions, which are going to be imposed by this Court. Hence, he prayed for grant of bail.
5.
Per contra, learned Additional Public Prosecutor submitted that petitioner has committed grave offence and the investigation is under progress and charge sheet is not yet filed and at this stage if
the petitioner is enlarged on bail, there is every chance to interfere with the investigation and also influence the witness. Hence, prayed to dismiss the petition.
6.
Having considered the rival submissions made by respective parties and after perusal of the material available on record including complaint, it reveals that the petitioner and victim girl are near relatives and they know each other. Petitioner was arrested on 18.03.2025 and since then he is in judicial custody. Even according to the learned Additional Public Prosecutor, petitioner is not having any other criminal antecedents and 19 witnesses were already examined.
7.
Taking into consideration the said facts and circumstances, this Court is inclined to grant bail to the petitioner/accused No.1 subject to the following conditions.
(i) The petitioner/accused No.1 shall be released on bail on executing a personal bond for a sum of Rs.30,000/-(Rupees thirty thousand only) with two sureties for a like sum each to the satisfaction of III Additional Metropolitan Magistrate, MedchalMalkajgiri District at Medchal.
(ii) After release, the petitioner/accused No.1 shall appear before the concerned S.H.O. at 11.00 a.m. on every Monday for a period of eight (8) weeks or till filing of the charge sheet, whichever is earlier, for the purpose of investigation, and thereafter, as and when required.
iii) After release, if the petitioner/accused No.1 indulges in similar type of offence in future, the respondent-State is entitled to file application seeking cancellation of bail granted in his favour. (iv) The petitioner/accused No.1 shall not contact the victim or her parents till filing of charge sheet. (v) The petitioner/accused No.1 shall abide by the other conditions stipulated in Section 437(3) of Cr.P.C., presently Section 480(3) of BNSS.
8.
Accordingly, the Criminal Petition is allowed. Miscellaneous applications, pending if any, shall stand closed.
___________________________ JUSTICE J.SREENIVAS RAO Date:21.04.2025 pgp