Smt. Udaya Bharathi, v. The State Of Telangana, Through Sho, P.S. Kukatpally,
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.6217 of 2026 DATE: 27.04.2026 BETWEEN:
Smt. Udaya Bharathi .....petitioner/accused No.2 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 is arrayed as accused No.2 in Crime No.482 of 2026 before the Kukatpally
Police Station, Cyberabad, registered for offences punishable under Section 69, 352 of BNS and Section 3(2)(v), 3(1)(r) of SC/ST POA Act.
2.
The brief facts of the case are that the case arises out of Crime No. 482/2026 of Kukatpally Police Station registered for the offences under Sections 69, 352 of BNS and Sections 3(2)(v), 3(1)(r) of the SC/ST (POA) Act. The complainant, a woman constable of 2020 batch, alleged that A-1, her superior officer, developed personal contact with her and, on the false promise of marriage, induced her into a physical relationship over a period of time. It is alleged that he concealed his subsisting marriage, subjected her to physical and mental harassment, forced her into sexual relations, and caused abortion. Even after transfer, he continued harassment through calls and threats. Upon learning that A-1 was already married, he allegedly refused to marry her citing caste differences. It is further alleged that A-2, wife of A-1, abused the complainant in the name of her caste.
3.
Heard Sri S.
Surender Reddy, learned counsel appearing on behalf of the petitioner as well as Sri M.
Ramachander Reddy, learned Additional Public Prosecutor appearing on behalf of the respondent - State. 4.
Learned counsel for the petitioner submitted that there is an inordinate and unexplained delay in lodging the complaint, as the alleged incidents pertain to the years 20222023, whereas the complaint was filed in 2026 and that the complainant is a major and the relationship, if any, was consensual in nature, and therefore, the ingredients of the alleged offences are not attracted. He further submitted that no complaint was made earlier despite ample opportunity, which casts doubt on the veracity of the allegations. Therefore, he prayed the Court to grant pre-arrest bail to the petitioner by allowing this Criminal Petition. 5.
Learned Additional Public Prosecutor opposed the petition contending that the offence is of a continuing nature, as A-1 repeatedly induced the complainant into a physical relationship under false promise of marriage while concealing his existing marriage and that the complainant was exploited sexually and emotionally, and the delay is sufficiently explained due to continuous coercion and deception. He
contended that A-1, being a police officer, is in a position to influence witnesses and tamper with evidence, and both A-1 and A-2 have been absconding and not cooperating with the investigation. He contended that A-2 abused the complainant on caste basis, attracting provisions of the SC/ST Act. Hence, he 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 is arrayed as Accused No.2. Admittedly, Section 69 of the BNS is not applicable to the petitioner, and the main allegations are against Accused No.1. The allegation against the petitioner is that she threatened the victim and also abused her in the name of her caste over phone.
Considering facts and circumstances of the case, this Court deems it fit to grant prearrest bail to the petitioner, subject to the following conditions:
i.
The petitioner shall surrender before the Station House Officer, Kukatpally Police Station, Cyberabad Police Station, within two weeks from today, and on such
surrender, the said Station House Officer shall release her 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 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 the filing of the charge sheet, whichever is earlier 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: 27.04.2026 SAI
THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.6217 of 2026 Date: 27.04.2026 SAI