CRLP/10964/2026 of Manthena Kiran Vs The State of Telangana on 23 July 2026

: ORDER :

This Criminal Petition is filed under Sections 480 & 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying this Court to enlarge the petitioner on bail who is arrayed as accused in connection with Crime No.505 of 2026 of Banjara Hills Police Station, Hyderabad. The offences alleged against the petitioner are under Sections 137(2) of Bharatiya Nyaya Sanhita, 2023 and under Section 5(1) r/w.6 of POCSO Act, 2012.

2. The facts of the case are that on 08.06.2026, the de facto complainant lodged a complaint before the police stating that she was residing in Hyderabad along with her husband and their three children. She stated that her two sons had been working in Hyderabad for the past two years and on 07.06.2026 at about 6:00 p.m., they noticed that her minor daughter, had left the house without informing any family member. Despite searching at the houses of relatives, friends, and other known places, they could not trace her whereabouts. The complainant further stated that her daughter is an Intermediate student of Kasturba Gandhi College. As the missing girl is a minor, the complainant requested the police to take necessary action. Hence, the compliant.

3. Heard Sri M. Sreekanth, learned counsel appearing for the petitioner and Sri D.Arun Kumar, learned Additional Public Prosecutor appearing for the respondent-State.

4. The contention of the learned counsel for the petitioner is that the petitioner has been falsely implicated in the present case with a mala fide intention to harass him. It is contended that the petitioner is working as a security agent at City Neuro Hospital, Banjara Hills, and has no connection with the alleged offence. The petitioner and the victim are close relatives and were in a consensual love relationship, and their marriage had been discussed earlier; however, the victim's family opposed the proposal and, out of animosity, lodged a false complaint. He further contended that the parents and brothers of the victim compelled her to make false statements alleging that they had sexual intercourse in August, 2025, when she was a minor. According to the petitioner, this allegation is false, as he was continuously on duty during the said period, did not avail any leave, and did not visit his native place, which is evident from his attendance records obtained from the hospital. It is further submitted that the victim was a major when she voluntarily accompanied the petitioner and, therefore, the provisions of Section 137(2) of the BNS and Section 5(1) read with Section 6 of the POCSO Act are not attracted. He also contended that the investigating agency has already examined all the material witnesses and no further custodial interrogation of the petitioner is required, except for filing of the charge sheet. Hence, prayed this Court to grant bail to the petitioner.

5. On the other hand, learned Additional Public Prosecutor opposed bail contending that the offence committed by the petitioner is a serious and heinous offence. The victim was a minor girl on the date of incident. As such, petitioner is not entitled to bail and prayed to dismiss this petition.

6. Considering the submissions made by both the counsel and the material on record, the petitioner herein is in jail from 12.06.2026 and the allegation against him is that he sexually exploited and committed offence against the victim girl who is aged about 16 years, whereas the contention of petitioner is that the victim is in love with him and both of them are relatives and she voluntarily went along with him. Considering the allegations against the petitioner, the period of incarceration and progress in investigation that Lws.1 to 16 are examined, this Court deems it fit to grant bail to the petitioner subject to the following conditions: i. The petitioner shall execute 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 Special Judge for Trial of Cases under Protection of Children from Sexual Offences (POCSO)-cum- XII- Additional Sessions Judge at Nampally, Hyderabad.

ii. The petitioner shall appear before the concerned SHO between 09.00 a.m and 5.00 p.m., on every Monday for a period of eight (8) weeks or till filing of charge sheet whichever is earlier, for the purpose of investigation, and thereafter, as and when required.

iii. The petitioner shall abide by the conditions stipulated in Section 483(2) of the BNSS.

7. Accordingly, the Criminal Petition is allowed.

Miscellaneous petitions, if any, pending shall stand closed. _______________ K. SUJANA, J Date : 23.07.2026 Rds

THE HON’BLE SMT. JUSTICE K. SUJANA

CRIMINAL PETITION No.10964 OF 2026

DATE : 23.07.2026

Rds