Devarapaga Srinivasulu Vs The State of Telangana — Anticipatory Bail | Telangana HC (2025)

Devarapaga Srinivasulu Vs The State of Telangana — Anticipatory Bail | Telangana HC (2025)

What the court decided

AI extract

Outcome

Pre-arrest bail granted to the petitioner/Accused No.1 subject to conditions: surrender before the SHO, Nagarkurnool Police Station within two weeks and release on execution of a personal bond of Rs.25,000/- with two sureties of like sum each; compliance with the conditions stipulated in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and cooperation with the Investigating Officer; and appearance before the Investigating Officer every Monday between 09:00 a.m. and 05:00 p.m. till filing of the charge sheet and thereafter as and when required. Miscellaneous applications, if any pending, shall stand closed.

Issue for consideration

Whether pre-arrest bail should be granted to the petitioner, Accused No.1 in FIR No.283 of 2025 of Nagarkurnool Police Station, registered for offences under Sections 69, 115(2) r/w 3(5) of the BNS. +1 more

Court's answer

The Court deemed it fit to grant pre-arrest bail to the petitioner/Accused No.1, considering the facts and circumstances of the case, including that the complainant admitted maintaining the relationship knowing the petitioner was married.

Ratio / Principle

On the Section 69 BNS allegation, the Court observed that it is a promise-of-marriage allegation and that the de-facto complainant herself stated she knowingly maintained the relationship with the petitioner although he is a married person.

Key takeaways

The pre-arrest bail is conditional: the petitioner shall surrender before the SHO, Nagarkurnool Police Station within two weeks and be released on a personal bond of Rs.25,000/- with two sureties of like sum each; he shall abide by the conditions stipulated in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, cooperate with the Investigating Officer, and appear before the Investigating Officer every Monday between 09:00 a.m. and 05:00 p.m. till filing of the charge sheet and thereafter as and when required.ratio¶11

Detailed headnote1 paragraphs

Criminal Petition No.13036 of 2025, decided on 16.10.2025 by the Honourable Smt. Justice K. Sujana (single Judge). Pre-arrest bail was sought for the petitioner, arrayed as Accused No.1 in FIR No.283 of 2025 of Nagarkurnool Police Station, Nagarkurnool District, registered for offences punishable under Sections 69, 115(2) r/w 3(5) of the BNS, following a complaint dated 16.08.2025 alleging that the petitioner, though married, developed a physical relationship with the de-facto complainant and attacked her parents when she sought legal action. Learned counsel for the petitioner contended there was no promise of marriage as the petitioner is already married, and that the complainant's family had attacked the petitioner's family, for which a crime was registered and a chargesheet filed; the Additional Public Prosecutor opposed, citing the serious nature of the allegations and incomplete investigation. The Court observed that the allegation under Section 69 of BNS is a promise of marriage and that the de-facto complainant herself stated she knowingly maintained the relationship with the petitioner knowing he was married. Accordingly, the Court granted pre-arrest bail subject to: surrender before the SHO, Nagarkurnool Police Station within two weeks and release on a personal bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties of like sum each; compliance with the conditions stipulated in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and cooperation with the Investigating Officer; and appearance before the Investigating Officer every Monday between 09:00 a.m. and 05:00 p.m. till filing of the charge sheet and thereafter as and when required. The Criminal Petition was allowed; miscellaneous applications, if any pending, stand closed.

THE HONOURABLE SMT. JUSTICE K. SUJANA

CRIMINAL PETITION No.13036 of 2025

This Criminal Petition is filed before this Court for grant of pre-arrest bail to the Petitioner who is arrayed as accused No.1 in FIR No.283 of 2025 of Nagarkurnool Police Station, Nagarkurnool District, registered for the offences punishable under Sections 69, 115(2), r/w 3(5) of the BNS.

The brief facts of the case are that, on 16.08.2025, the de-facto complainant lodged a report before the police stating that she studied Inter at Nagarkurnool and thereafter, due to fail in Inter, three years back, she joined in Meeseva centre for learning system work with the petitioner, wherein the petitioner expressed his love towards her, he stated her that he is married and she refused and he developed physical relationship with the de-facto complainant and after that, she requested for taking legal action against the petitioner, who attacked her father and mother. Hence, the complainant requested to take necessary action. Basing on the said complaint, the police registered a case for the above said offences.

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Heard Sri Deepak Misra, learned counsel appearing on behalf of the petitioner as well as Sri Arun Kumar Doddla, learned Additional Public Prosecutor appearing on behalf of the respondent - State.

Learned counsel for the petitioner submitted that the petitioner is innocent of the alleged offences. It is further submitted that, in fact, the de-facto complainant’s family attacked the petitioner’s family and tried to kill them and for the same, a crime was also registered and a chargesheet was also filed. It is further submitted that there is no such promise of marriage, as the petitioner is already married and he is ready to cooperate with the investigation. Therefore, he prayed the Court to grant pre-arrest bail to the petitioner by allowing this criminal petition.

On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner stating that the allegations leveled against the petitioner are serious in nature. Further, the investigation is not yet completed. Therefore, he prayed the Court to dismiss the criminal petition.

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In the light of the submissions made by both the learned counsel and upon perusal of the material available on record, it appears that the allegation under Section 69 of BNS is a promise of marriage, wherein the de-facto complainant herself stated that she knowingly maintained relationship with the petitioner that he is a married person. Considering the facts and circumstances of the case, this Court deems it fit to grant pre-arrest bail to the petitioner/accused No.1, subject to the following conditions:

i. The petitioner/Accused No.1 shall surrender before the Station House Officer, Nagarkurnool Police Station, Nagarkurnool District, within two weeks from today, and on such surrender, the said Station House Officer shall release him on bail, on petitioner executing a personal bond for Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties, for the like sum each.

ii. The petitioner/Accused No.1 shall abide by the other conditions

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stipulated in Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023 and co-operate with the Investigating Officer in investigating the case.

iii. The petitioner/Accused No.1 shall appear before the concerned Investigating Officer on every Monday between 09:00 a.m, and 05:00 p.m., till the filing of the charge sheet and thereafter, as and when required.

Accordingly, the Criminal petition is allowed.

Miscellaneous applications, if any pending, shall stand

closed.

K. SUJANA, J

Date: 16.10.2025 TU

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THE HONOURABLE SMT JUSTICE K. SUJANA

CRIMINAL PETITION No.13036 of 2025

Date: 16.10.2025

TU