Dirisala Mahesh Kumar v. The State Of Telangana

THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.6180 of 2025 ORDER:

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short 'BNSS') seeking anticipatory bail to the petitioner/accused in Crime No.932 of 2024 on the file of the P.S. K.P.H.B Colony, Cyberabad Commissionerate registered for the offences punishable under Sections 376(2)(n), 417, 420 and 506 of the Indian Penal Code, 1860 (for short 'IPC') .

2.

The case of prosecution is that while the defacto complainant was working at an engineering college, the petitioner got acquaintance with her and stated that he was also a divorcee and promised to marry her. They lived together in a rented house, where their relationship became intimate. When the complainant became pregnant, the petitioner initially supported her but later tried to abort her pregnancy, for which, the defacto complainant refused. He then left her. During their time together, the petitioner took Rs. 5 lakhs and 30 tulas of gold, promising to send her to the

US and take care of her and her family. The defacto complainant claims that the petitioner also manipulated her and threatened her with photos taken while she was unconscious. Basing on the same, a case was registered in Crime No.932 of 2024. 3.

Heard Mr.V.Murali Manohar, 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 the alleged offence and he was falsely implicated in the above crime. He further submitted that even according to the complaint, the ingredients for the offence under Section 376(2)(n) of IPC are not attracted against the petitioner and other offences levelled against the petitioner are punishable with an imprisonment of less than seven years. He further submitted that the petitioner is doing business and he is resident of Amaravathi, Guntur. He further submitted that the petitioner is not having any other criminal antecedents and he is ready and willing to cooperate with the investigation and also abide by the conditions, which are

going to be imposed by this Court, and hence, prayed for grant of anticipatory bail.

5.

Per contra, learned Additional Public Prosecutor submitted that petitioner/accused has committed grave offence and investigation is under progress and if the petitioner/accused is granted anticipatory bail at this stage, he will influence the witnesses, and 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, it reveals that the petitioner/accused and defacto Complainant are known to each other since 2016. Even according to the learned Additional Public Prosecutor, petitioner is not having any other criminal antecedents.

7.

Taking into consideration the said facts, this Court is inclined to grant anticipatory bail to the petitioner/accused subject to the following conditions:

1. The petitioner/accused shall surrender before the Station House Officer of P.S. K.P.H.B Colony, Cyberabad Commissionerate, on or before 13.05.2025, and on such surrender, the said Station

House Officer shall release the petitioner/accused on bail on his executing a personal bond for Rs.50,000/- (Rupees fifty thousand) with two sureties, for the like sum each.

2. After release, the petitioner/accused 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.

3. After release, the petitioner/accused shall not influence the witnesses or interfere with the investigation.

4. The petitioner/accused shall abide by the other conditions stipulated in Section 482 (2) of the BNSS and co-operate with the Investigating Officer in investigating the case.

8.

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

___________________________ JUSTICE J.SREENIVAS RAO Date: 07.05.2025 sa