Gajula Sandeep Kumar v. The State Of Telangana
THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.11208 OF 2025 ORDER:
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 in Crime No.633 of 2025 of Keesara Police Station, Rachakonda Commissionerate on anticipatory bail, the present Criminal Petition is filed. The offence registered against the petitioner/accused is 69 of the BNS. 2.
The case of the prosecution is that the de-facto complainant lodged a report with the police stating that she and the accused had been in a relationship since 2022. Thereafter, the accused introduced her to his father in 2023, and her own father also accepted the accused for marriage. Under the pretext of a promise to marry, the accused entered into a physical relationship with the de-facto complainant. However, the accused later refused to marry her, stating that his family members did not accept the marriage.
Subsequently, the accused got engaged to another girl. As a result, the de-facto complainant went into depression and also attempted suicide. Accordingly, the complainant requested the
police to take necessary action against the accused. Based on the said complaint, the police registered a case against the accused for the said offence.
3.
Heard Mr. M. Tarun, learned counsel appearing for the petitioner and Sri Arun Kumar Doddla, learned Additional Public Prosecutor appearing on behalf of the respondentState. 4.
Learned counsel for the petitioner submitted that the relationship between the parties began in the year 2022, and there was no mala fide intention on the part of the petitioner not to marry the de-facto complainant. The petitioner is ready to marry the de-facto complainant, but as his family members have not accepted the relationship, he refused to marry her. He also stated that the petitioner is innocent of the said offence, as such, custodial interrogation is not necessary. In support of his contention the learned counsel placed reliance on judgment of the Apex Court Deepak Gulati vs. State of Haryana1 and prayed the Court to grant anticipatory bail to the petitioner.
1 Crl.A.No.2322 of 2010
5.
On the other hand, the learned Additional Public Prosecutor opposed bail, stating that the alleged offence is heinous in nature and there are severe allegations against the petitioner; as such, he requested the Court to dismiss the petition.
6.
In light of the submissions made by both learned counsel and upon perusal of the material available on record, the alleged offence against the petitioner is under Section 69 of the BNS. It is evident from the record that the parties were in a relationship since 2022 and the F.I.R. was lodged in 2025, wherein, it is mentioned that the family members of the petitioner are not accepting their marriage. In view of the same, this Court is inclined to grant anticipatory bail to the petitioner/accused, subject to the following conditions: i.
The petitioner/accused shall surrender before the Station House Officer, Keesara Police Station, Rachakonda, within two weeks from today, and on such surrender, the said Station House Officer shall release him on bail on executing a personal bond for Rs.25,000/- with two sureties, for the like sum each.
ii.
The petitioner/accused shall abide by the other conditions stipulated in Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023 and cooperate 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., till the filing of the charge sheet and thereafter, as and when required.
7.
Accordingly, this Criminal Petition is allowed. Miscellaneous applications, if any pending, shall stand closed.
_______________ K. SUJANA, J Date: 08.09.2025 FM
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.11208 OF 2025 Date: 08.09.2025 FM