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High Court for State of TelanganaCRLP/15444/2025allowed no costs

V. Johny @ Prince v. The State Of Telangana

2025-12-02K. Sujana5 pages

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT

HYDERABAD THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No. 15444 of 2025 DATE: 02.12.2025 Between:

V. Johny @ Prince .... Petitioner/Accused AND The State of Telangana, Through Public Prosecutor, High Court of Telangana, Hyderabad and another .... Respondents

O R D E R

This criminal petition is filed under Section 480 & 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') by the petitioner/Accused seeking enlargement on bail in connection with Crime No.642 of 2025 of Film Nagar Police Station, Hyderabad. The offence alleged against the petitioner is under Section 69 of Bharatiya Nyaya Sanhita, 2023 (BNS). 2.

The brief facts of the case are that, on 22.10.2025, the defacto complainant lodged a report with the police stating that she

- 2 - has been residing in Filmnagar. Her marriage had been performed earlier, and she has two children. Subsequently, she and her husband mutually agreed to live separately from the year 2018. Later, she became acquainted with the petitioner, who, under the promise of marriage, exploited her physically. Thereafter, the petitioner refused to marry her. Consequently, she approached the police seeking necessary action. Based on her complaint, the police registered a case against the petitioner for the aforementioned offences.

3.

Heard Sri Vijay B Paropkari, learned counsel appearing for the petitioner and Sri D. Arun Kumar, learned Additional Public Prosecutor appearing for the respondent-State. 4.

The contention of the learned counsel for the petitioner is that the petitioner is innocent of the alleged offence and that both the parties are married and that the relationship between the petitioner and the complainant was consensual and that there was no inducement or false promise of marriage made by the petitioner so as to attract the offence under Section 69 of the BNS. He further contended that the petitioner has been in judicial custody since 22.10.2025 and that the crucial part of the investigation has already been completed. Therefore, prayed this Court to grant bail to the petitioner.

- 3 - 5.

On the other hand, the learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner, contending that the allegations against the petitioner are grave in nature and the investigation is still ongoing. Therefore, 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 22.10.2025. From the averments in the complaint, it is seen that the de‐facto complainant is already married, but there is no legal divorce between her and her husband. Even according to the petitioner, he is also married and has children. In view of the same, the alleged promise of marriage in the present case does not arise. Further, as per the remand case diary, prosecution witnesses LWs.1 to 13 have already been examined. Considering the overall facts and circumstances of the case, the stage of investigation and the duration of incarceration, this Court finds it appropriate to grant bail to the petitioner‐accused, subject to the following conditions: i.

The petitioner-accused 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

- 4 - satisfaction of the learned XVII Additional Chief Judicial Magistrate Hyderabad.

ii.

The petitioner-accused 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 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 petitions, if any, pending shall stand closed. _______________ K. SUJANA, J Date: 02.12.2025 SS

- 5 - THE HON'BLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.15444 OF 2025 DATE :02.12.2025 SS