Kosettu Jony Alias Nani, v. The State Of Telangana,

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT

HYDERABAD THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No. 15545 of 2025 DATE: 04.12.2025 Between:

Kosettu Jony @ Nani .... Petitioner/Accused AND The State of Telangana, Rep. by its Public Prosecutor, High Court at Hyderabad.

Through Station House Officer, Film Nagar Police Station, Hyderabad, Telangana.

.... Respondent/Complainant

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 his enlargement on bail in connection with Crime No.640 of 2025 of Film Nagar Police Station, Hyderabad. The offence alleged against the petitioner is under Section 69 and 89 of Bharatiya Nyaya Sanhita, 2023 (BNS).

- 2 - 2.

The brief facts of the case are that, on 22.10.2025, the de-facto complainant lodged a report with the police stating that the petitioner became acquainted with her in October 2023. Thereafter, they exchanged phone numbers, and the petitioner told her that he would marry her. Subsequently, both resided together in a rented room, during which time the petitioner promised to marry her but exploited her physically. As a result, she became pregnant. The petitioner then forcibly gave some pills to her for abortion and thereafter 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 Rahul Kandharkar, 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 has been falsely implicated in this case and that the allegations made by the de‐facto complainant are entirely false and both the petitioner and the de‐facto complainant are majors, and their relationship was consensual; therefore, the offences alleged are not applicable to the petitioner. He further submits that the petitioner has been in judicial custody since 23.10.2025

- 3 - and that the crucial part of the investigation has already been completed. Except for the potency test, which has not yet been conducted, no further investigation is pending. Therefore, prayed this Court to grant bail to the petitioner.

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 23.10.2025. As per the remand case diary, prosecution witnesses LWs.1 to 14, including the investigating authority, have already been examined. The only aspect pending is the potency test, which has not yet been conducted; however, this cannot be considered a valid ground to deny bail to the petitioner. 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:

- 4 - 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 satisfaction of the learned X Additional Sessions Judge, Hyderabad at Nampally.

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: 04.12.2025 SS

- 5 - THE HON'BLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.15545 OF 2025 DATE: 04.12.2025 SS