HON’BLE SRI JUSTICE K. SREENIVASA REDDY Criminal Petition No.1135 of 2025

Order:

This Criminal Petition, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/A1, seeking regular bail, in Crime No.689 of 2024 of Gajuwaka Police Station.

2. A case has been registered against the petitioner herein and another for the offences punishable under Sections 417, 376, 509 read with 34 IPC.

3. Case of the prosecution, in brief, is that, during the year 2021 the de facto complainant got acquaintance with the petitioner/A1 and they both moved closely. It is alleged that in the month of November 2021, the petitioner/A1 took the de facto complainant to GMT Hotel, Gajuwaka and he forcibly had sexual intercourse with her on the pretext of marrying her. Later, they had gone physically several times in the same hotel. Whenever the de facto complainant asked A1 about the marriage, he used to postpone the same on one pretext or the other. Recently i.e., on 06.12.2024, when the parents of the de facto complainant asked the petitioner/A1 about the marriage, he refused for the same. Then they approached A2, who is the mother of A1, and asked her to perform the marriage between A1 and the de facto complainant, for which she also refused and threatened the mother of the de facto complainant and her family members in vulgar language.

4. Heard. Perused the record.

5. A perusal of the material on record, prima facie, goes to show that the de facto complainant and the petitioner/A1 are known to each other. They fell in love and they are moving around for the past three (3) years. They had also gone physically several times. On coming to know of the fact that A2, the mother of the petitioner/A1 refused to get the petitioner/A1 and the de facto complainant married, the de facto complainant has resorted in filing the present complaint against A1 and A2.

6. Learned counsel for the petitioner submitted that when there is a physical relationship between the de facto complainant and the petitioner herein for a prolonged period, there is no question of criminality that can be attached to such prolonged physical relationship at a very belated stage. In support of his contention, he relied upon a decision in Mahesh Damu Khare v. the State of Maharashtra, (Criminal Appeal No…….of 2024 @ Special Leave Petition (Crl.) No.4326 of 2018, dated 26.11.2024), wherein the Hon’ble Supreme Court held as follows.

“31. In our view if criminality is to be attached to such prolonged physical relationship at a very belated stage, it can lead to serious consequences. It will open the scope for imputing criminality to such long term relationships after turning sour, as such an allegation can be made even at a belated stage to drag a person in the juggernaut of stringent criminal process. There is always a danger of attributing criminal intent to an otherwise disturbed civil relationship of which the Court must also be mindful.

32. It is evident from the large number of cases decided by this Court dealing with similar matters as discussed above that there is a worrying trend that consensual relationships going on for prolonged period, upon turning sour, have been sought to be criminalized by invoking criminal jurisprudence.”

7. A perusal of the material on record goes to show that for the past three (3) years both the petitioner herein/A1 and the de facto complainant got acquaintance with each other and they have been maintaining physical relationship. When the petitioner refused to marry the de facto complainant, she has resorted in filing the present complaint in the year 2024 i.e. after lapse of three years. Petitioner herein was arrested on 27.12.2024 and since then he is in judicial remand. Learned Assistant Public Prosecutor submitted that major portion of investigation has been completed.

8. In view of the aforesaid facts and circumstances of the case and in view of the principle laid down by the Hon’ble Supreme Court in the afores