Kodigeni Vineeth v. The State Of Telangana

THE HON'BLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.5754 of 2025 ORDER:

This criminal petition is filed by petitioner/accused under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) seeking regular bail in Crime No.667 of 2025 on the file of Gachibowli Police Station, Cyberabad, registered for the offence punishable under Section 69 of BNS.

2.

The case of the prosecution is that on 06.04.2025 at 2000 hours, the de-facto complainant lodged a complaint wherein it is stated that while she was working at IDRBT Company, she got acquaintance with the petitioner and on the promise made by him that he will marry her, they were in physical relationship for the past two years. On 09.07.2024 at about 10:00 a.m., when she went to the house of the petitioner at Gachibowli to see him as he was suffering with fever, he forced her for physical relationship and thereafter, when she asked to marry her, he harassed her mentally and threatened her saying that he would

commit suicide and blocked her phone number. Basing on the same, the present crime was registered.

3.

Heard Sri B. Akash Kumar, learned counsel for the petitioner, and Sri Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondent.

4.

Learned counsel for the petitioner submits that the petitioner has not committed the offence and he was falsely implicated in the present crime. Even according to the allegations made in the complaint, the petitioner and the de-facto complainant are known to each other since 2022 and they fell in love. Hence, the ingredients of Section 69 of BNS do not attract to the petitioner. He further submits that the petitioner was arrested on 06.04.2025 and since then he is in judicial custody and the investigation is completed except filing of charge sheet. Basing on the instructions given by the de-facto complainant, he further submits that the petitioner and the de-facto complainant are ready and willing to live together and the de-facto complainant wants to withdraw the present complaint. The petitioner is a Software Engineer and he is ready and

willing to cooperate with the investigation and also abide by the conditions that are going to be imposed by this Court.

5.

Per contra, learned Additional Public Prosecutor submits that the petitioner has committed grave offence and the investigation is under progress. At this stage, the petitioner is not entitled for grant of bail. 6.

Having considered the rival submissions made by both the parties and after perusal of the material available on record, it reveals that even according to the averments made in the complaint as well as in the remand case diary, the petitioner and the de-facto complainant are known to each other since 2022. Even according to the learned counsel for the petitioner, the de-facto complainant and the petitioner want to live together and de-facto complainant wants to withdraw the present complaint and she is taking necessary steps in that regard. Even according to the learned Additional Public Prosecutor, 11 witnesses were already examined and the petitioner is not having any criminal antecedents.

7.

Taking into consideration facts and circumstances of the case, this court is inclined to grant bail to the petitioner/accused on the following conditions: (1) The petitioner/accused is enlarged 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 to the satisfaction of the X Additional Judicial First Class Magistrate Court, Ranga Reddy District at Kukatpally.

(2) The petitioner/accused shall appear before the concerned SHO on every Saturday at 11:00 A.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.

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

8.

Accordingly, the criminal petition is allowed. Pending miscellaneous applications, if any, shall stand closed.

_________________________________ JUSTICE J.SREENIVAS RAO, J Date: 01.05.2025 ES