In anticipatory bail proceedings, the court's primary role is to determine the existence of a prima facie case and the necessity of custodial interrogation rather than performing a detailed evidentiary analysis.

ORDER:

This Criminal Petition is filed under Section 482 of the Bharatiya Narik Suraksha Sanhita, 2023 (for short, “BNSS”), seeking grant of anticipatory bail.

The petitioner is arrayed as an accused in Crime No. 347 of 2026 on the file of Patancheru Police Station, Cyberabad District, for the offences punishable under Sections 69 and 88 of the Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”).

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor representing the respondent/State. Perused the material available on record.

The case of the prosecution, in brief, is that the petitioner allegedly established a physical relationship with the de facto complainant on the false promise of marriage, which resulted in her conceiving. It is further alleged that, at the instance of the petitioner, the pregnancy was terminated. On these allegations, the petitioner has been implicated for offences punishable under Sections 69 and 88 of the BNS.

Learned counsel for the petitioner contends that both the petitioner and the complainant are adults, and the complainant is, in fact, a married woman, though stated to be living separately from her husband. It is argued that the essential ingredient of ‘misconception of fact’ necessary to attract penal liability for sexual exploitation on the pretext of marriage is absent in the present case. It is further submitted that even as per the statement of the complainant, the relationship is consensual in nature between two mature individuals, and therefore, cannot be construed as an offence under criminal law.

Learned counsel further submits that the allegation relating to forced or induced abortion is vague and unsupported by any particulars, much less medical or documentary evidence. In the absence of prima facie material substantiating such allegation, the applicability of Section 88 of the BNS is doubtful. It is also contended that custodial interrogation of the petitioner is not warranted, and the petitioner is willing to cooperate with the investigation and abide by any conditions imposed by this Court.

Per contra, the learned Additional Public Prosecutor vehemently opposes the petition, contending that the statement of the complainant clearly discloses that the petitioner induced her into a physical relationship on the false promise of marriage, which led to pregnancy and its subsequent termination at his instance. It is submitted that these allegations, at this stage, disclose a prima facie case warranting thorough investigation. Therefore, it is argued that the petitioner is not entitled to the discretionary relief of anticipatory bail.

This Court has given anxious consideration to the rival submissions and examined the material available on record.

At the stage of consideration of anticipatory bail, the Court is not expected to conduct a detailed appreciation of evidence but is required to assess whether a prima facie case exists and whether custodial interrogation is necessary.

In the present case, having regard to the nature of allegations, the relationship between the parties, the absence of specific material regarding coercion, and the fact that the petitioner has expressed willingness to cooperate with the investigation, this Court is of the considered opinion that custodial interrogation is not indispensable.

Accordingly, this Criminal Petition is allowed. The petitioner shall be enlarged on anticipatory bail in the event of arrest, subject to the following conditions:

A. The petitioner/accused shall surrender before the Station House Officer, Patancheru Police Station, Cyberabad District, on or before 05.05.2026. Upon such surrender, the Station House Officer shall release the petitioner on bail on execution of a personal bond for a sum of Rs. 25,000/- (Rupees Twenty-Five Thousand only) with two sureties for a like sum each, to the satisfaction of the said officer.

B. The petitioner shall appear before th