Mukurala Nikhil 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.17537 of 2025 DATE: 30.12.2025 Between:
Mukurala Nikhil .... Petitioner/accused AND The State of Telangana, Rep. by its Public Prosecutor, High Court for the State of Telangana at Hyderabad .... Respondent/Complainant ORDER:
This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of pre-arrest bail to the petitioner, who is arrayed as accused in Crime No.2726 of 2025 of Gachibowli Police Station, Cyberabad Commissionerate, registered for the offences punishable under Section 69 of BNS.
2.
The case of the prosecution is that the de-facto complainant lodged a report before the police stating that she met the petitioner on 03.11.2024 through a mutual friend. As they were acquainted with each other, they intended to marry and began living together. On 21.12.2024, the de-facto complainant and the petitioner went to Vijayawada and got married without informing their parents. The petitioner allegedly convinced her that he would marry again formally with the consent of his parents. Thereafter, they started residing at Kondapur and lived together as husband and wife for one year. Suddenly, the petitioner began showing disinterest in the de-facto complainant and two days prior to the lodging of the complaint, he left the house along with his belongings and stopped contacting her. The complainant realized that she had been deceived and alleged that the petitioner sexually exploited her under the promise of marriage. Hence, she requested for necessary action. Basing on the said complainant, the police registered a case for the above said offences.
3.
Heard Sri Turupu Raghavender Reddy, learned counsel appearing on behalf of 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 has not committed any offence and is innocent of the allegations. Even according to the de-facto complainant, the marriage between the petitioner and the complainant took place eight months prior to the lodging of the complaint. Therefore, Section 69 of the BNS is not applicable, as they were living together as husband and wife for eight months. Consequently, there is no illegal relationship between the parties and no sexual exploitation is alleged to have been committed by the petitioner. Custodial interrogation is not required and the petitioner is willing to cooperate with the investigation and prayed the Court to grant pre-arrest bail to the petitioner by allowing this criminal petition. 5.
On the other hand, the learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner, stating that the allegation against the petitioner is grievous in nature. Although the parties were married earlier, the marriage was not with the consent of their
parents and therefore, is not a valid marriage and prayed the Court to dismiss the Criminal Petition.
6.
Considering the submissions of both parties and the material on record, the petitioner and the complainant were married eight months prior to the registration of the complaint. Even according to the complainant, they were living together as husband and wife for eight months and the complainant's parents had accepted the marriage. The only allegation is that the petitioner left the house with his belongings. There is no averment in the report that the petitioner denied the marriage. However, considering the submissions, this Court deems it fit to grant pre-arrest bail to the petitioner, subject to the following conditions: i.
The petitioner shall surrender before the Station House Officer, Gachibowli Police Station, Cyberabad Commissionerate, within two weeks from today, and on such surrender, the said Station House Officer shall release him on bail on executing a
personal bond for Rs.25,000/-, with two sureties, for the like sum each.
ii.
The petitioner shall abide by the other conditions stipulated in Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023 and co-operate with the Investigating Officer in investigating the case.
iii.
The petitioner shall appear before the concerned Investigating Officer on every Monday between 09:00 a.m, and 05:00 p.m., for a period of 8 weeks or till the filing of the charge sheet, whichever is earlier, and thereafter, as and when required.
7.
Accordingly, this Criminal Petition is allowed. Miscellaneous applications, if any pending, shall stand closed.
_______________ K. SUJANA, J Date: 30.12.2025 dsv
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.17537 of 2025 Date: 30.12.2025 dsv