Arukuti Mallesham v. The State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT

HYDERABAD THE HONOURABLE SMT. JUSTICE T.MADHAVI DEVI CRIMINAL PETITION No.7845 of 2026 Date of Order: 21.05.2026 Between:

Sri Arukuti Mallesham

...Petitioner

And The State of Telangana, Through S.H.O, P.S.Gangadhara, Of Karimnagar District, Represented by its Public Prosecutor, High Court for the State of Telangana, Hyderabad and another.

...Respondents

: O R D E R :

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.1 in Crime No.60 of 2026 of Gangadhara Police Station, registered for the offences punishable under Sections 64(1) (2), 89, 115(2), 294, 351(2) of Bharatiya Nyaya Sanhitha, 2023 (for short 'BNS') and Section 3(1)(r)(s), 3(2)(va) of SC/STG (POA) Act.

2.

The brief facts of the case are that on 08.01.2025 at 18.00 hours, while the complainant was waiting for a bus, a white colour car bearing No.TS02FJ2023 stopped near her. The driver introduced himself as Mallesham, a Government teacher belonging to Galipelli Village and residing at Karimnagar. At that time, one Madhu, who was known to the complainant, assured her that Mallesham was known to him and advised her to board the vehicle for transportation to Karimnagar. Believing their words, the complainant boarded the car. It is alleged that while proceeding towards Karimnagar, after reaching Nagulamalyala Village, the accused diverted the vehicle towards Odyaram Village, stopped the car, locked it, assaulted the complainant, threatened her with death, and committed rape on her.

The complainant further alleged that after regaining consciousness, she found herself in a naked condition and was threatened that her nude photographs and videos would be circulated on social media if she disclosed the incident. It is also alleged that the accused abused her by referring to her caste in filthy language and threatened to kill her. The complaint further states that accused No.

threatened and blackmailed the complainant stating that he had seen the videos and thereafter repeatedly subjected her to sexual assault. Due to the alleged acts of the accused, the complainant became pregnant, and later accused No.2 allegedly administered tablets to terminate the pregnancy. The complainant stated that owing to fear and threats allegedly extended by the accused persons, there was delay in lodging the complaint. Hence, action was sought against the accused.

3.

Heard Mr.P.Giri Krishna, learned Counsel appearing on behalf of the petitioner as well as Mr.Vivekananda Reddy, learned Assistant Public Prosecutor appearing on behalf of the respondent No.1-State.

4.

The petitioner is accused No.1 in Crime No.60 of 2026 and accusation is that petitioner offered lift to the complainant and thereafter beat her and tried to blackmail her for extortion of money and threat of posting her photographs and videos.

5.

Learned counsel for the petitioner submits that these are false allegations and though the allegation is that incident

occurred on 08.01.2025, the complaint has been given on 16.03.2026 with a lot of delay. Therefore, he prayed for grant of pre-arrest bail by allowing the Criminal Petition. 5.

On the other hand, learned Public Prosecutor opposed the grant of bail and has filed copy of written instruction, in which the complainant has changed her versions from time to time and she also did not respond to 164 requisition. Therefore, at this stage, granting of pre-arrest bail to the petitioner does not arise. Hence, he prayed the Court to dismiss the criminal petition.

6.

In the light of the submissions made by both the learned counsel, this Court is inclined to grant pre-arrest bail to the petitioner/accused No.1, subject to the following conditions: i.

The petitioner-accused No.1 shall surrender before the Station House Officer, Gangadhara Police Station, Karimnagar District, within two weeks from today, and on such surrender, the said Station House Officer shall release them 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, and co-operate with the Investigating Officer in investigating the case.

iii.

The petitioner shall appear before the concerned Investigating Officer on every Monday 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.

____________________ JUSTICE T.MADHAVI DEVI Date: 21.05.2026 mmr/chs

THE HONOURABLE SMT. JUSTICE T.MADHAVI DEVI CRIMINAL PETITION No.7845 of 2026 Date of Order: 21.05.2026 MMR/CHS