Boshetti Nagalingam v. The State Of Telangana,
THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.14609 OF 2025 ORDER :
This criminal petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, by the petitioner/Accused seeking anticipatory bail in connection with Crime No.565 of of Saroornagar Police Station, Rachakonda. The offences alleged against the petitioner are under Sections 69 of Bharatiya Nyaya Sanhita, 2023 and under Section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short 'SC/ST Act'). 2.
The case of the prosecution is that the defacto complainant lodged a complaint before police stating that in the year 2022 the defacto complainant went to Suryapet to attend her friend marriage where she got acquainted with the petitioner herein and thereafter they gradually developed love and under the pretext of marriage, the petitioner had sexually abused her and when she requested to marry her, petitioner threatened her not to inform anyone. As such, she filed a complaint vide Cr.No.101 of 2024 of Pahadiesharief Police Station for the offences under Section 376(2)(n), 323 of IPC and Section 3(2)(v) (va) of the SC/ST Act and petitioner was arrested in the said
- 2 - crime, remanded to judicial custody and released on bail and after his releasing from jail he approached the defacto complainant and expressed his intention to marry her and took her to his residence at Saroornagar, discussed with the mother of petitioner who also assured that their marriage would take place. On 06.07.2025 the petitioner requested the defacto complainant to withdraw the said crime against him. He then lured her and took her to OYO room and under the pretext of marriage exploited her sexually and thereafter he continued his relationship. On 15.04.2025 the petitioner visited her room, lured her and picked up an argument with her regarding withdrawal of Cr.No.101 of 2024 and left the place. Thereafter he had gone missing and a missing case was filed for his disappearance. On 01.05.
2025 the defacto complainant visited the house of petitioner and came to know that petitioner along with his mother and sister had vacated the house and left to some unknown location. As such, requested the police for necessary action. Basing on the said complaint police registered the case against the accused for the above offences. 3.
Heard Sri D.Anantha Kumar, learned counsel for the petitioner and Sri D.Arun Kumar, learned Additional Public Prosecutor appearing for respondent-State.
- 3 - 4.
The contention of learned counsel for the petitioner is that petitioner is innocent of the said allegations. No offence is committed by the petitioner under Section 3(2)(v) of the SC/ST Act and there are no allegations against the petitioner that because of the caste of defacto complainant he cheated her. On the same allegations as leveled in this case, in the earlier crime also he was in jail. There is no truth in the said allegations and requested the Court to grant anticipatory bail to the petitioner. 5.
Notice is served on the victim-defacto complainant and she is present before this Court. The defacto complainant has informed that after filing of the case, petitioner and herself have married on 30.06.2025 and she has no objection for granting anticipatory bail to the petitioner.
6.
Learned Additional Public Prosecutor would submit that the investigating officer has identified the victim as complainant in this case and he also filed the Aadhar card of the victim with her signature on it.
7.
Considering the submissions made and the material on record, earlier also a crime was registered with the same allegations as made in this crime, and in view of subsequent event of marriage of petitioner with the defacto complainant,
- 4 - this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions :
i.
The petitioner/Accused shall surrender before the Station House Officer, Saroornagar Police Station, Rachakonda within two weeks from today, and on such surrender, the said Station House Officer shall release the petitioner/Accused 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.
8.
Accordingly, the Criminal Petition is allowed.
Miscellaneous petitions, if any, pending shall stand closed. _______________ K. SUJANA, J Date : 18.11.2025 Rds
- 5 - THE HON'BLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.14609 OF 2025 DATE :18.11.2025 Rds