Gottipati Bala Yesu Alias Balu Mahendra v. The State Of Telangana

The Hon'ble Sri Justice J.Sreenivas Rao Criminal Petition No.6557 of 2025 Order:

This Criminal Petition is filed by the petitioner/accused under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking regular bail in connection with Crime No.84 of 2025 on the file of the Station House Officer, Chikkadpally Police Station, Hyderabad, registered for the offences punishable under Sections 64(1), 118(1) & 351(3) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS') and Sections 3(c), 3(2)(v) & 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

2.

Heard Mr. K.Narender, learned counsel for the petitioner/accused and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for the respondent/State.

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3.

The case of the prosecution is that on 29.03.2025 at about 17:00 hours, the Station House Officer, Chikkadpally Police Station, received a complaint from the complainant stating that she is preparing for UPSC examination by staying in a hostel and during the course of her preparation, she got acquaintance with the petitioner at Siddivinayaka Study Hall, Ashok Nagar, Hyderabad, and both of them became friends and that on 23.03.2025, petitioner invited her to his room for dinner and combined studies and when she went there, after having dinner, he forcibly made her consume alcohol and had sexual intercourse without her consent and abused her in the name of caste and on the next day, when she informed the same to her sister and brother-in-law, they made her vacate the hostel room and took her along with them to their home. Basing on the said complaint, the aforesaid Crime was registered against the petitioner/accused for the aforesaid offences.

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4.

Learned counsel for the petitioner/accused submits that the petitioner has not committed any offence and he was falsely implicated in the aforesaid crime. He further submits that even according to the complaint, the petitioner and the de facto complainant are known to each other since long time and therefore, the ingredients of Section 64(1) of BNS are not attracted against the petitioner. He further submits that the petitioner was arrested on 01.04.2025 and since then, he is in judicial custody and the entire investigation is completed except filing of chargesheet and the petitioner is not having any criminal antecedents and prays to grant bail to the petitioner as he is ready and willing to cooperate with the investigating officer for investigation and also abide by the conditions that may be imposed by this Court.

5.

Per contra, learned Additional Public Prosecutor submits that the petitioner/accused committed grave offence and the investigation is not yet completed and at this stage, if the petitioner is granted anticipatory bail, there is every chance of

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his influencing the witnesses and interfering with the investigation. Hence, he prays to dismiss this criminal petition. 6.

Having heard learned counsel for the parties and on perusal of the material available on record, it reveals that the petitioner and the de facto complaint are known to each other since long time. The petitioner was arrested on 01.04.2025 and since then he is in judicial custody. Even according to the learned Additional Public Prosecutor, sixteen witnesses were already examined and major portion of the investigation is completed and the petitioner is not having any criminal antecedents.

7.

In view of the same, this Court is inclined to grant bail to the petitioner/accused subject to the following conditions: (i) The petitioner/accused shall execute 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 IX Additional Chief Judicial Magistrate, Hyderabad.

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(ii) On such release, the petitioner/accused shall appear before the concerned Station House Officer 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. (iii) After release, the petitioner/accused shall not contact the de facto complainant in any manner. (iv) The petitioner/accused shall abide by the conditions stipulated in Section 483 (3) of BNSS. 8.

Accordingly, the Criminal Petition is allowed. As a sequel, miscellaneous petitions, pending if any, stand closed.

___________________ J.SREENIVAS RAO, J Date: 11.06.2025 LUR