Kundharam Nithin, v. The State Of Telangana,
THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.12331 of 2025 Seeking the Court to enlarge the petitioner who is arrayed as accused No.1 in FIR.No.256 of 2025 of Kachiguda Police Station, Hyderabad, on bail, the present Criminal Petition is filed.
2.
The brief facts of the case are that, on 25.07.2025, the defacto complainant lodged a report before the police stating that she met the petitioner herein through a mutual friend and later, he came with a marriage proposal. She took some time and later considered his marriage proposal. They used to meet frequently and discussed about their marriage and future. After few days, they met physically in a resort "Village Trials" at Ghatkesar, in 2024, she informed about the marriage proposal to her father and he accepted, in 2025 February her father visited the petitioner's house at Chaitanyapuri, Near Ramalayam. During their meeting, the petitioner's parents asked a ring, chain, bracelet, while her father refused to involve in their marriage
expenses. After this incident, the petitioner herein started abusing her and avoiding her. In this regard one day, the petitioner herein asked her to meet at NTR Stadium, Ashok Nagar. During their discussion, he behaved rudely, abused and slapped her, due to which, she received an injury to her right hand. Immediately, they went to hospital and petitioner's sister & brother-in-law both reached there and gave her two options 1) To convince her father about gold ornaments and otherwise
2) to Break the relation, due to which she got emotional break-down and suffered a lot. After that incident, he started avoiding her and also blocked her number and on 03.07.2025, she went to Khammam and contacted him through others phone number, but he said that he came to Hyderabad on some work she returned Hyderabad. On 05.07.2025, the petitioner asked LW-1 to come to Abinand Grand Hotel, Room No. 404, Kachiguda. After reaching the hotel room, the petitioner urged on her, harassed her sexually, and also abused her in the name of her caste and also about her culture i.e., in the name of Schedule Tribe. After one week, she again went
to his SBI Life Insurance Office in Khammam, where she knew that no one is working in the name of the petitioner. She called the petitioner and he informed that he is working in Wanaparthy and scolded her to leave the place and warned her not to call him again. She realized that she has been cheated and he is trying to escape from her. Hence, she requested to take necessary action against the petitioner herein as per law. Basing on the above Complaint, the Police registered a case in Crime No.256 of 2025 for the alleged Offences punishable Under Sections 69, 115(2), 351(2) of BNS & Section 3(2)(V) of SC/ST (POA) Act, 1989.
3.
Heard Sri C. Hari Preeth, learned counsel appearing on behalf of the petitioner as well as 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 alleged offences and Section 69 of BNS is not applicable in this case, as the petitioner herein never refused to marry the de-facto
complainant and only on the ground of dowry, there was disputes between the parties they were in relationship since, 2023. It is further submitted that the petitioner is in jail from 18.08.2025. Therefore, he prayed the Court to grant bail to the petitioner by allowing this criminal petition.
5.
On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner stating that the allegations leveled against the petitioner are serious in nature. Further, the investigation is not yet completed.
Therefore, 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 and the de-facto complainant were in relationship since 2023 and even, according to the averments in the compliant, the petitioner never refused to marry the de-facto complainant and the petitioner herein is in jail from
18.08.2025. Further, LWs 1 to 14 witnesses were already examined. Considering the facts and circumstances of the case, the nature of the allegations, the stage of investigation, and the duration of incarceration, this Court finds it appropriate to grant bail to the petitioner, subject to the following conditions.
i.
The petitioner/accused No.1 shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, with two sureties for a like sum each to the satisfaction of the learned Special Judge for Trial of Offences Under SC ST (POA) Act-Cum-VI Additional Sessions Judge, Secunderabad.
ii.
The petitioner/accused No.1 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 petitioner/ accused No.1 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: 24.09.2025 TU
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.12331 of 2025 Date:24.09.2025 TU