THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO CRIMINAL PETITION No.8417 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 petitioner/accused No.3, who in 2021 forcibly introduced her to her brother, Durga Prasad. 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, Durga Prasad 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, Durga Prasad 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 the physical relationship with the victim, has taken the photos of the victim and recorded the conversation between him and the victim. 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 upto seven years. The investigating officer without following the mandatory procedure prescribed under Section 35 (3) of BNSS, are proceeding. He further submitted that the very same allegations are levelled against accused No.2 and the learned XIII Additional District and Sessions Judge, Ranga Reddy District at L.B.Nagar has granted bail in his favour in Crl.M.P.No.1209 of 2025, dated 19.06.2025. Hence, the petitioner/accused No.1 is entitled for same relief which was granted in favour of accused No.2. He further submitted that petitioner/accused No.1 was surrendered before the concerned Police on 04.06.2025 and since then he was in judicial custody. He further submitted that entire investigation is completed, except filing of charge sheet and the petitioner is eking out her livelihood by doing small Idly business. He further submitted that the Court below dismissed the bail application in favour of petitioner/ accused No.1 only basing on the averments made in the counter affidavit by the prosecution that the custodial interrogation of the petitioner/accused No.1 is required. However, the prosecution has not filed any application seeking police custody petition as required under Section 187 of BNSS within a statutory period. Hence, at this stage the prosecution is not entitled to file said application. He further submitted that the petitioner is not having any criminal antecedents and he is ready and willing to cooperate with the investigation and also abide by the conditions which are going to be imposed by this Court. In su