K. Balu Mahendra v. State Of Telangana

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.10855 OF 2025 ORDER :

This criminal petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') by the petitioner/accused seeking anticipatory bail in connection with FIR No.1195 of 2025 of Miyapur Police Station, Cyberabad District. The offences alleged against the petitioner are under Section 69 of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS'). 2.

The facts of the case are that a complaint was lodged by Mrs. B. Jyothi Swaroopa-complainant on 11.08.2025, stating that she had earlier married Mr. Bhooma Dhruva Kumar, but they had been living separately due to personal reasons. She later came to know that her husband had passed away six months before, following which she intended to remarry and created a profile on a matrimonial site. The Petitioner allegedly contacted her five months ago through the matrimonial site, and claimed that he was also divorced. The petitioner and complainant met each other and interacted on several occasions and on one such occasion, the petitioner took her to his residence at Dolphin Drug County and tried to have physical relationship for which she denied. Despite her resistance, he allegedly forced physical intimacy on the pretext of marriage

- 2 - and thereafter, they lived together in a live-in relationship for four months, during which she claimed that petitioner exploited her physically. When she recently asked the petitioner to marry her, he allegedly refused, stating that his family members are objecting and thereafter absconded. Hence, the complainant sought action against the petitioner for cheating and breach of promise to marry. Basing on the said complaint, the police registered the case against the accused for the above offence. 3.

Heard Sri G.Chandra Sekhar, learned counsel for the petitioner and Sri Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for the respondent-State. 4.

The contention of learned counsel for the petitioner is that petitioner is innocent of the said crime, it is a false and frivolous complaint. The complainant is black mailing the petitioner by making false allegations and giving false complaint. He further stated that the complainant is already married and the same is not revealed to the petitioner and made him to believe that she is unmarried and wanted to marry the petitioner. In fact, the complainant has cheated the petitioner by suppressing the fact of her marriage. The complainant threatened the petitioner in order to extort money and if he fail to comply with her demands, threatened to file false cases against him. Further the

- 3 - WhatsApp chat between the parties reveals the same. As such, prayed this Court to grant anticipatory bail to the petitioner. 5.

On the other hand, learned Additional Public Prosecutor opposed bail stating that the offence alleged against the petitioner is severe in nature as such, requested to dismiss this petition.

6.

Considering the submissions made by both the counsel and the material placed on record, it is seen that the complainant and petitioner are in relationship for four months and both of them are married earlier. Considering the facts and circumstances, this Court deems it appropriate to grant anticipatory bail to the petitioner subject to the following conditions :

i.

The petitioner/accused shall surrender before the Station House Officer, Miyapur Police Station, Cyberabad District, within two weeks from today, and on such surrender, the said Station House Officer shall release the petitioner on bail on his executing a personal bond for Rs.25,000/- (Rupees Twenty five thousand only) with two sureties, for the like sum each.

ii.

The petitioner/accused shall appear before the concerned SHO at 11:00 a.m., on every Wednesday for a period of eight (8) weeks, for the purpose of investigation and thereafter, as and when required.

iii.

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

- 4 - 7.

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

_______________ K. SUJANA, J Date :03.09.2025 Rds

- 5 - THE HON'BLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION NO.10855 OF 2025 DATE :03.09.2025 Rds