CRLP/10971/2026 of Philip Raj Nallabothula @ N B Philip Raj Vs The State of Telangana on 27 July 2026

ORDER:

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

2. The petitioner is arrayed as the sole accused in FIR No.869 of 2026 on the file of L.B.Nagar Police Station, Malkajgiri District, registered for the offence punishable under Section 69 of Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”).

3. Heard Mr.Alluri Divakar Reddy, learned counsel for the petitioner and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor representing the respondent-State.

4. The prosecution case, in brief, is that on 27.06.2026, the de facto complainant lodged a report alleging that she became acquainted with the petitioner in the year 2024 while both of them were working in the United Kingdom. It is alleged that the petitioner proposed love to her and expressed his intention to marry her. Although the de facto complainant initially declined the proposal on the ground that they belonged to different faiths, she accepted it after the petitioner assured her that he would convince their respective family members. It is further alleged that on 19.10.2025, the petitioner took the de facto complainant to his brother's house at L.B. Nagar, represented to her that they would soon be getting married, and, on such assurance, had sexual intercourse with her. Thereafter, it is alleged, the petitioner began behaving rudely towards her, stating that his family was unwilling to accept their relationship. When the de facto complainant contacted the petitioner's family members, his mother and sister allegedly insisted that she convert to their faith, made insulting remarks, and offered her money to discontinue the relationship with the petitioner. It is further alleged that the de facto complainant thereafter caused a legal notice to be issued and subsequently lodged the present report. Based on these allegations, the present crime came to be registered.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present crime. It is further contended that, even if the allegations contained in the complaint are accepted in their entirety, the ingredients of Section 69 of the BNS, are not attracted, having regard to the fact that both the petitioner and the de facto complainant are well-educated adults who were fully aware of the consequences of their mutual relationship, as disclosed in the complaint itself. It is further contended that the alleged incident occurred in October, 2025, whereas the complaint came to be lodged only after an inordinate and unexplained delay. Learned counsel further submits that the petitioner has deep roots in society, is not likely to abscond, and is willing to cooperate with the investigation by appearing before the Investigating Officer as and when required and by complying with any conditions that may be imposed by this Court. It is, therefore, prayed that the petitioner be granted anticipatory bail.

6. Per contra, learned Additional Public Prosecutor opposed the application, contending that the complaint discloses specific allegations against the petitioner and that the investigation is still in progress. It is further submitted that the petitioner's custodial interrogation may be necessary for a fair and effective investigation. On the aforesaid grounds, it is prayed that the application for anticipatory bail be dismissed.

7. I have carefully considered the rival submissions and perused the material available on record.

8. The principal allegation against the petitioner is that, on the false promise of love and marriage, he had sexual intercourse with the de facto complainant on one occasion. At this stage, this Court is not required to undertake a meticulous examination of the evidence or record any finding on the merits of the rival allegations, as the same would be a matter for investigation and, if necessary, trial. The scope of consideration in an application under Section 482 of the BNS, corresponding to Section 438 of the Code of Criminal Procedure, is confined to determining whether the petitioner has made out a case for the grant of pre-arrest protection.

9. It is well settled that, while considering an application for anticipatory bail, the Court is required to balance the fundamental right to personal liberty with the interest of a fair and effective investigation. The nature and gravity of the accusation, the specific role attributed to the accused, the possibility of the accused absconding or fleeing from justice, the likelihood of influencing witnesses or tampering with evidence, the antecedents of the accused, and the necessity of custodial interrogation are among the relevant considerations that govern the exercise of discretion. In Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, the Hon'ble Supreme Court held that personal liberty is a cherished constitutional value and that arrest should not be made as a matter of routine where the investigation can effectively proceed without custodial interrogation.

10. In the present case, notwithstanding the seriousness of the allegations and the nature of the accusation levelled against the petitioner, the material presently available does not indicate that the petitioner is likely to abscond, evade the investigation, or misuse the liberty that may be granted to him. The petitioner has expressed his willingness to cooperate with the investigation and to appear before the Investigating Officer as and when required. At this stage, no material has been placed before this Court to demonstrate that custodial interrogation of the petitioner is indispensable for an effective investigation.

11. Having regard to the totality of the facts and circumstances, this Court is of the considered opinion that the petitioner has made out a case for the grant of anticipatory bail. The interests of the investigation can be adequately safeguarded by imposing appropriate conditions to secure the petitioner's availability during the course of investigation.

12. For the aforesaid reasons, this petition is allowed, subject to following conditions.

(A) The petitioner/Accused shall surrender before the Station House Officer, L.B.Nagar Police Station, Malkajgiri District on or before 09.08.2026. Upon such surrender or in the event of arrest the Station House Officer shall release him 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 the Investigating officer on every Saturday between 10.00AM to 03.00PM, for a period of ten (10) weeks from the date of his release on bail or until the filing of the final result, whichever is earlier. (C) The petitioner shall remain available for investigation as and when required by the Investigating Officer and shall cooperate fully with the investigation. (D) The petitioner shall furnish his complete residential address and contact details to the Investigating Officer and shall keep the same updated throughout the course of investigation. (E) The petitioner shall not either directly or indirectly induce, threaten, influence, or contact any prosecution witness, nor shall he tamper with the prosecution evidence in any manner whatsoever.

(F) The petitioner shall strictly comply with all the conditions contemplated under Section 482(2) of the BNSS. (G) Any wilful breach or violation of any of the aforesaid conditions shall render the petitioner liable to appropriate proceedings before the court below, including cancellation of bail, in accordance with the provisions of the BNSS and other applicable law.

13. It is made clear that any observations made herein are confined solely to the adjudication of the present application for anticipatory bail and shall not be construed as an expression on the merits of the case.

Miscellaneous applications, if any pending, shall stand closed.

_______________ N.TUKARAMJI, J Date: 27.07.2026 CHS

THE HONOURABLE SRI JUSTICE N.TUKARAMJI

CRIMINAL PETITION No.10971 OF 2026

DATE : 27.07.2026

CHS