Mudavath Thirupathi v. The State Of Telangana

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.12497 of 2025 ORDER:

Seeking the Court to enlarge the petitioner, who arrayed as Accused No.1 in Crime No.63 of 2025 of Siddapur Police Station, Nagarkurnool District, on bail, the present petition is filed.

2 .

The brief facts of the case are that, the de-facto complainant, who is the mother of the victim girl, lodged a report stating that her daughter appeared emotionally distressed. Upon inquiry, the daughter revealed that she had been sexually exploited by the petitioner over the past two years under the false promise of marriage. The petitioner later refused to marry her. Approximately three months prior to the complaint, the victim missed her menstrual cycle and used a pregnancy test kit, which returned a positive result. Upon the same, the petitioner allegedly threatened to kill her if she disclosed the matter to anyone. He then brought abortion tablets and, under coercion, forced her to consume them, resulting in the termination of the pregnancy and requested for necessary action. Basing on the complaint, police registered a

case vide Crime No.63 of 2025 for offences punishable under Section 65(1) read with Section 49 of the Bharatiya Nyaya Sanhita (BNS), and Section 5(l) read with Section 6 of the Protection of Children from Sexual Offences (POCSO) Act. 3.

Heard Sri Muthyala Muralidhar, learned counsel appearing for Sri Rathan Singh M, learned counsel for the petitioner as well as Sri D. Arun Kumar, learned Additional Public Prosecutor appearing on behalf of the respondent-State. 4.

Learned counsel for the petitioner submitted that the petitioner is innocent of the allegations and that the relationship between the petitioner and the victim was consensual and that, even according to the statement of the victim, the petitioner and the victim were in love and that the victim was above 16 years of age at the time of the alleged incident. He further submitted that the petitioner was arrested on 28.08.2025 and had remained in judicial custody since then and a substantial portion of the investigation had already been completed. Therefore, 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, contending that the allegations against the petitioner were heinous in nature and that the investigation was still ongoing, releasing the petitioner on bail at this stage may lead to tampering with evidence or intimidation of witnesses and prayed the Court to dismiss the criminal petition. 6.

In light of the submissions made by both the learned counsel and upon a perusal of the material available on record, it is evident that the petitioner has been in judicial custody since 28.08.2025. As noted in the remand case diary, eleven witnesses have been examined, including the statement of the victim under Section 183 of BNSS. Considering the overall facts and circumstances of the case, including 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 shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties for a like sum each to the

satisfaction of the learned Principal Sessions Judge, Nagarkurnool.

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 petitioner 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: 07.10.2025 SS

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.12497 of 2025 Date: 07.10.2025 SS