Durgam Prashanth v. The State Of Telangana, Through The Sho,Sirpur -T ,P.S.

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.6591 of 2026 DATE: 06.05.2026 BETWEEN:

Durgam Prashanth .....petitioner/accused And The State of Telangana, Rep. by Public Prosecutor, High Court for the State of Telangana, at Hyderabad.

.....Respondent/complainant

ORDER

This Criminal Petition is filed praying this Court to enlarge the petitioner on bail who is arrayed as accused in Crime No.76 of 2026 before the Sirpur T Police Station, KBM

Asifabad, registered for the offence punishable under Sections 64(2)(m), 351(3) and 329(4) of BNS.

2.

The brief facts of the case are that a case in Crime No.76 of 2026 was registered by Sirpur-T Police Station against the petitioner for offences under Sections 64(2)(m), 351(3), and 329(4) of the BNS Act, 2023. The complaint alleges that the accused, who was known to the victim woman, had been contacting her over phone for several months and, taking advantage of her husband's absence, allegedly committed rape on two earlier occasions and again on the night of 18/19.04.2026 after entering her house, threatening her with dire consequences. When her husband returned home, the accused allegedly fled from the spot, after which the victim approached the police and lodged the complaint. The petitioner was arrested on 20.04.2026. 3.

Heard Sri D. Pochaiah, learned counsel appearing on behalf of the petitioner as well as Sri M. Ramachandra Reddy, learned Additional Public Prosecutor appearing on behalf of the respondent - State.

4.

Learned counsel for the petitioner contended that the petitioner is innocent and has been falsely implicated for political reasons and that there was delay in lodging the complaint, no eyewitnesses to the incident, and the allegations are inherently improbable. He further submitted that the victim is a major, married woman and there was prior acquaintance between the parties, raising disputed questions of consent that require trial. He contended that the petitioner has no criminal antecedents, is suffering from health issues, has aged parents dependent on him, and has been in judicial custody since 20.04.2026. Therefore, he prayed the Court to grant bail to the petitioner by allowing this Criminal Petition. 5.

Learned Additional Public Prosecutor opposed the bail application contending that the allegations against the petitioner are grave in nature involving repeated sexual assault and criminal intimidation. He further submitted that the victim has specifically named the petitioner in her complaint and narrated multiple incidents of forcible sexual assault and that considering the seriousness of the offences, the stage of investigation, and the possibility of influencing

witnesses, the petitioner is not entitled to bail. Therefore, he prayed the Court to dismiss the criminal petition. 6.

In the light of the submissions made by both the learned counsel and a perusal of the material available on record, it appears that the petitioner is in jail since 20.04.2026. As seen from the record, the material part of the investigation has been completed and L.Ws.1 to 13 witnesses have been examined.

Considering the facts and circumstances of the case and the incarceration period of the petitioner, this Court deems it fit 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) each, with two sureties for a like sum each to the satisfaction of the Judicial Magistrate of First Class, Sirpur-T.

ii.

The petitioner shall appear before the concerned SHO at 11:00 a.m., on every Monday for a period of eight (8)

week 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).

7.

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

_______________ K. SUJANA, J Date: 06.05.2026 SAI

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.6591 of 2026 Date: 06.05.2026 SAI