O R D E R

1. This Memorandum of Criminal Petition is filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) praying this Court to enlarge the petitioner on bail who is arrayed as accused in connection with Crime No.828 of 2026 of Uppal Police Station, Malkajgiri District. The offences alleged against the petitioner-accused are punishable under Sections 69 , 351(2) of BNS.

2. Heard Sri B. Akash Kumar, learned counsel for petitioner, and Sri D. Arun Kumar, learned Additional Public Prosecutor, appearing for respondent – State.

3. Learned counsel for the petitioner submits that the alleged physical relationship even as per the prosecution case was consensual and took place on two occasions in February 2026 (08-02-2026 and 14-02-2026). There is no allegation of force, coercion, threat or use of any intoxicating substance at the time of the alleged acts. The relationship developed after mutual interaction through a matrimonial platform and meetings at Osmania University campus. Section 69 BNS requires that the promise of marriage must be false from the inception and made solely to induce sexual intercourse. There is an inordinate and unexplained delay of nearly four months in lodging the complaint. Medical examination of the victim was conducted long after the alleged incidents and no biological samples could be collected by the prosecution. Petitioner-accused is apprehended on 17.07.2026, he voluntarily disclosed his identity and his mobile phone is already seized, entire investigation is completed and prayed to enlarge the petitioner-accused on bail.

4. Learned Additional Public Prosecutor submits that Section 183 of BNSS statement of the victim is not yet recorded, investigation is still pending and prayed to dismiss the bail application.

5. De-facto complainant has lodged a complaint before the P.S. Uppal on 18.06.2026 stating that petitioner-accused repeatedly expressed his intention to marry her and assured her on several occasions, basing on his promise and representations, he developed a close relationship with her on multiple occasion between 08-02-2026 and 14-02-2026. De- facto complainant came to know through whatsapp messages and phone calls from one Roja Ramani that the petitioner- accused was planning to marry some other lady, when she tried to contact the petitioner-accused he blocked her number.

6. Petitioner-accused is arrested on 17.07.2026 at 17:40 hours and he was produced before the concerned Magistrate for remand on the same day. Petitioner-accused is in judicial custody since 17.07.2026, remand case diary goes to show that respondent has examined LWs-1 to 10 and also examined one police officer who issued FIR, another police officer who has investigated the case at first in point of time apart from examining the second investigating officer.

7. Complaint came to be lodged on 18.06.2026 and the respondent has made an application before the concerned District Court to record the statement of the de-facto complainant under Secant 183 of BNSS, 2023 on 03.08.2026. Since the statement of the de-facto complainant is not yet recorded, the petitioner-accused is not entitled for grant of bail at this stage and there are no merits in the present Criminal Petition, the same is liable to be dismissed.

8. Accordingly, the Criminal Petition is dismissed.

Miscellaneous applications, if any pending, shall stand closed.