THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO

CRIMINAL PETITION No.9279 of 2025

Order:

This Criminal Petition is filed by the petitioner/accused No.1,

seeking regular bail under Sections 480 and 483 of Bharatiya Nagrik Suraksha Sanhita (BNSS), in connection with Crime No.412 of 2025 of Saroornagar Police Station, Rachakonda Commissionerate, registered for the offences punishable under Sections 376(2)(n), 354-A and 506 r/w 34 of the Indian Penal

Code, 1860 (for short ‘IPC’).

2. Heard Mr.Y.Koteswar Rao, learned counsel for the petitioner and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor

appearing for the respondent/State.

3. The case of the prosecution in brief is that since 2020, the complainant was friend with accused No.3, who in 2021 forcibly introduced her to her brother, Durga Prasad, who is the petitioner/accused No.1 herein. He pressured the complainant to communicate with him and, when she refused, blackmailed her with morphed photos. Out of fear, she was forced to stay in contact

with him. In August 2021, petitioner/accused No.1 came to the complainant’s home while she was alone, forcibly had sexual intercourse with her without her consent, and secretly recorded it. He then used the video to repeatedly blackmail and exploit her. In November 2023, petitioner/accused No.1 shared the videos with his friend, accused No.2, who obtained the complainant’s phone number through his wife and began blackmailing her into making a nude video call, which he recorded. In January 2024, accused No.2 called her to his house and forcibly had sexual intercourse with her multiple times using blackmail. Unable to endure the harassment, the complainant attempted suicide on January 3, 2025, was hospitalized, and later suffered from depression. Upon regaining mental stability, she approached the police station and requested to take necessary legal action.

4. Learned counsel for the petitioner submits that petitioner is innocent and he was falsely implicated in the aforesaid crime. He further submitted that the only allegation levelled against petitioner/ accused No.1 is that he developed physical relationship with the victim, has taken her photos and recorded the conversation between them. He transferred the said photos and videos to accused No.2’s mobile and others. He further submitted that the ingredients under Section 376(2)(n) of IPC are not attracted against the petitioner and the punishment prescribed for the other offences is imprisonment upto seven years. He further submitted that the petitioner himself surrendered before the learned Magistrate and he was sent to judicial remand on 04.06.2025 and since more than 62 days, he was in jail. He further submitted that as per the provisions of Section 187 of BNSS, the Investigating Officer ought to have filed the charge sheet within a period of 60 days. Even after completion of the said statutory period, the Investigating Officer has not filed charge sheet on the ground that the imprisonment is below 10 years. He further submitted that the Investigating Officer filed an application for custodial interrogation before the trial Court and the same was dismissed on 22.07.2025 on the ground that the Investigating Officer filed the said application after expiry of statutory period of 40 days. He further submitted that the petitioner is ready and willing to cooperate with the investigation and also abide by the conditions which are going to be imposed by this Court.

Per contra

5. , learned Additional Public Prosecutor submitted that the petitioner has committed grave offence and the offence levelled against the petitioner comes within the ambit of Section 376 (2) (n) of IPC. In the said offence, minimum imprisonment is of 10 years and the same can be extended for life. Hence, the Investigating Officer is entitled to file charge sheet within the prescribed period of statutory period is 90 days. He further submitted that the investigation is under progress, hence, the petitioner is not entitled fo