2025 Supreme(Telangana) 200
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NARSING RAO NANDIKONDA, J.
Muthoju Kiran - Appellant
Versus
The State of Telangana - Respondent
Criminal Petition No.6588 Of 2025
Decided On : 21-05-2025
Important Points
Subject
Criminal Law - Bail Applications
Act Referred
Headnote
(B) Legal principles regarding anticipatory bail - The court noted that a physical relationship leading to allegations of deceitful inducement may constitute a serious offence if it involves threats or intimidation. (Paras 4, 5)
Facts of the case:
The complainant alleged that after a prolonged relationship, the accused deceived her with promises of marriage, leading to financial exploitation and threats.
Findings of Court:
The court found the allegations serious, especially concerning the impact on societal welfare, thus denying bail.
Issues: Whether the accused's long-standing physical relationship constituted an offence in the absence of deceit or inducement.
Ratio Decidendi: The court determined that deceit inpromising marriage while engaging in a physical relationship constitutes a viable ground for involvement in serious offences.
Result: Criminal Petition dismissed.
Advocate Appeared:
For the Appellant : M VENKANNA
For the Respondent: PUBLIC PROSECUTOR
| Table of Content |
|---|
| 1. seek for anticipatory bail under bns (Para 1) |
| 2. prosecution's allegations of deceit and blackmail (Para 3) |
| 3. defense argument of consensual relationship (Para 4) |
| 4. prosecution's opposition based on serious allegations (Para 5) |
| 5. court's refusal to grant bail due to serious allegations (Para 6) |
| 6. judgment dismissal of bail petition (Para 7) |
ORDER :
1. This Criminal Petition is filed by the petitioner/accused, seeking anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNS S ), in connection with Crime No.86 of 2025 on the file of Narsampet, Police Station, Warangal District, registered for the offences punishable under Sections 318 (2), 318 (4), 69, 77, 78 and 351 (2) of the Bharatiya Nyaya Sanhita 2023 ( BNS ).
2. Heard learned counsel for the petitioner/accused and Mr.V.Jithender Rao, learned Assistant Public Prosecutor appearing for the respondent-State. Perused the material available on record.
3. The case of the prosecution, in brief, is that the de facto complainant got married to one Madraju and out of the wedlock, they were blessed with one male child and four years after the marriage, they got separated due to family issues. After separation, she has been leading her life with her son by doing household chores. While things stood thus, she got acquaintance with the accused, who promised her that he will marry her and look after her welfare and her son and by saying so, he forced her for physical intimacy. It is further alleged that during their relationship, he used to take her money for his personal use agreeing to return the same and that when the de facto complainant asked him to return her money, he did not respond. While so, on 23.11.2020 the petitioner executed an undertaking on Rs.100/- stamp paper stating that he will give 100 square yards plot to her and later, when she asked for return of her money, he threatened her with dire consequences and also blackmailed her stating that he will put her private photos in social media.
4. The learned counsel for the petitioner submits that the petitioner and the complainant had been in a physical relationship for about 14 years. He contends that the petitioner never promised the de facto complainant to marry her and it is a well-settled principle of law that a long-standing physical relationship, in the absence of deceit or inducement, does not constitute an offence. In support of his contentions he also relied upon the judgment of the Hon’ble Supreme Court in Mahesh Damu Khare Vs. The State of Maharashtra and another , 2024 INSC 897 . The petitioner is also ready to furnish the required sureties and abide by any conditions imposed by this Court. Hence, he prayed to grant bail to the petitioner herein.
5. On the other hand, learned Assistant Public Prosecutor opposed grant of bail, and stating that, prima facie, the allegations leveled against the petitioner is that he deceitfully induced the complainant into a physical relationship by making a false promise of marriage and he also involved in other offences. He further contended that the petitioner is also liable for offences of cheating, deceitful inducement, stalking, and criminal intimidation. It is alleged that the petitioner took an amount of Rs.10,00,000/- from the de facto complainant and when she asked him to return the same, the petitioner threatened her stating that he will post her private photos in social media. He further contended that the investigation is still in progress and allegations leveled against the petitioner are very serious in nature, which have impact on the society at large and that if the petitioner is released on bail at this stage, he may tamper with the evidence and may threaten the witnesses. Hence, he prayed to dismiss the petition.
6. In view of the submissions made by both the parties and upon perusal of the material on record, though the contention of the petitioner is that Section 69 of BNS may not be applicable in the present case, c