Sri. Arepally Sayanna v. The State Of Telangana
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.12103 of 2025 ORDER:
This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of prearrest bail to the petitioner-accused in Crime No.70 of 2025 before the Yergatla Police Station, Nizamabad District. 2.
The brief facts of the case are that, on 21.08.2025, the defacto complainant lodged a report with the Police stating that her husband had traveled to Dubai for employment. Approximately two years ago, while visiting a hospital, her neighbor introduced her to the petitioner. She developed a relationship with him, during which he allegedly raped her multiple times, took nude photographs of her during sexual acts, and threatened to share them with her husband and on social media if she did not meet him. On 29.07.2025, the petitioner allegedly entered her home, detained and assaulted her, threatened to kill her, attempted to rape her again, and demanded Rs.5,00,000 and further threatened to release her nude photos online and harm her husband and son. Based on her complaint, the police registered Crime No.70 of 2025 for offences under Sections 64(1), 77, 329(4), 127(1), 115(2), 351(3)
of the Bharatiya Nyaya Sanhita (BNS) and Section 67 of the Information Technology Act, 2008.
3.
Heard Sri K. Naga Jyothi, learned counsel for the petitioner, and Sri Arun Kumar Doddla, learned Additional Public Prosecutor for respondent-State.
4.
Learned counsel for the petitioner submitted that the petitioner is innocent of the allegations made against him and that the complaint is a false and malicious report and that the petitioner hails from a respectable family and, in fact, it was the de-facto complainant who threatened the petitioner and demanded money. He further submitted that there was no forcible commission of any offence as alleged. Therefore, he prayed this Court to grant pre-arrest bail to the petitioner by allowing this criminal petition.
5.
On the other hand, the learned Additional Public Prosecutor vehemently opposed the submissions made by the learned counsel for the petitioner, contended that the allegations against the petitioner are grave in nature, involving rape, threats to circulate nude photographs of the complainant on social media, and demanded Rs.5,00,000 and further contended that granting prearrest bail at this stage is unwarranted and may hinder the
ongoing investigation. Therefore, he prayed the Court to dismiss the Criminal Petition.
6.
Considering the submissions made by both the learned counsel and upon perusal of the material available on record, it is noted that the allegations made by the de-facto complainant pertain to incidents that allegedly occurred over the past two years. According to the complainant, the petitioner repeatedly committed rape and threatened to upload her nude photographs on social media, which deterred her from approaching the police earlier. The complaint was filed only recently. It is further noted that the defacto complainant is a married woman for 24 years and is sufficiently mature. While the delay in lodging the complaint raises certain questions, it is explained by the alleged threats posed by the petitioner. Having regard to the facts and circumstances of the case, this Court finds it appropriate to grant pre-arrest bail to the petitioner, subject to the following conditions: i.
The petitioner shall surrender before the Station House Officer, Yergatla Police Station, Nizamabad District, 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 shall abide by the other conditions stipulated in Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023 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., 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: 06.10.2025 SS
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.12103 of 2025 Date: 06.10.2025 SS