Adabala Durga Prasad @ Durga Prasad @ Babi v. The State Of Telangana

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.10333 of 2025 ORDER:

Seeking the Court to enlarge the petitioner who is arrayed as accused No.1 in Crime No.412 of 2025 of Saroornagar Police Station, Rachakonda Commissionerate, on bail, the present Criminal Petition is filed. 2.

The brief facts of the case are that the de facto complainant lodged a report stating that since 2020, she had been friends with accused No.3, who, in the year 2021, forcibly introduced her to his brother Durga Prasad i.e., the herein.

The pressured her to communicate with him and, when she refused, blackmailed her using morphed photos. Out of fear, she remained in contact with him. In the month of August 2021, the petitioner went to her house when she was alone, forcibly had sexual intercourse with her without her consent, and secretly recorded the act. He thereafter repeatedly blackmailed and exploited her using the video. In the month of November 2023, the petitioner shared the videos with accused No.2, who

obtained her phone number through his wife and started blackmailing her into making a nude video call, which he recorded. In the month of January 2024, accused No.2 called her to his house and, using blackmail, forcibly had sexual intercourse with her multiple times. Unable to bear the continued harassment, the complainant attempted suicide on 03.01.2025, was hospitalized, and later suffered from depression.

3.

Heard Sri Y. Koteswar Rao, learned counsel appearing on behalf of the petitioner as well as Sri Syed Yasar Mamoon, learned Additional Public Prosecutor appearing on behalf of the respondent - State.

4.

Learned counsel for the petitioner submitted that the petitioner is innocent and has been falsely implicated in the aforesaid crime and that the only allegation against the petitioner is that he developed a physical relationship with the victim, took her photographs, and recorded conversations between them. He alleged that the petitioner transferred the said photos and videos to the mobile phone of accused No.2 and others and that the ingredients of Section 376(2)(n) IPC are not attracted against the petitioner and that the

punishment prescribed for the other alleged offences is up to seven years. He also submitted that the Investigating Officer, without following the mandatory procedure prescribed under Section 35(3) of the BNSS, has proceeded with the investigation.

He further stated that the surrendered before the concerned police on 04.06.2025 and has been in judicial custody since then. It was also submitted that the entire investigation has been completed except for the filing of the charge sheet and that the petitioner is eking out his livelihood by running a small idly business. Therefore, he prayed the Court to grant bail to the petitioner by allowing this criminal petition.

5.

On the other hand, the learned Additional Public Prosecutor opposed the petition and submitted that the petitioner has committed a grave offence and serious allegations are levelled against him. He contended that the ingredients of Section 376(2)(n) of IPC are clearly attracted against the petitioner. He further submitted that the investigation is still in progress, and if the petitioner is enlarged on bail at this stage, there is every possibility of his interfering with the investigation and influencing the

witnesses. Hence, he prayed the Court to dismiss the criminal petition.

6.

In light of the submissions made by both the learned counsel and upon perusal of the material available on record, it appears that the petitioner has been in judicial custody since 04.06.2025. As seen from the record, the material part of the investigation has been completed. Considering the facts and circumstances of the case and the period of incarceration 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.15,000/- (Rupees Fifteen Thousand only), with two sureties for a like sum each to the satisfaction of the learned Special Judicial Magistrate of First Class Excise - cum - V Additional Judicial Magistrate - cum - V Additional Junior Civil Judge, Ranga Reddy District at L.B. Nagar.

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 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: 21.08.2025 SAI

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.10333 of 2025 Date: 21.08.2025 SAI