The High Court · 2025

Order

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of pre-arrest bail to the petitioner who is arrayed as accused No.3 in Crime No.377 of 2024 before the Chandrayangutta Police Station.

The brief facts of the case are that on November 25,2024, Amancha Pavan Kumar filed a complaint with the police, stating that he had been using a dating app called Grinder, which caters to the LGBTQ+ community, as he identilies as bisexual. On November 24, 2024, he received a message from an unknown person on the app, and they chatted throughout the day. The unknown person invited Kumar to meet casuaily at Balapur Road, near Katta Maisamma Temple, Chandrayangutta, ald even sent him the location via WhatsApp. Kumar agreed to meet the person and arrived at the designated location on his bike at around 9:15 pm, and when he arrived, he was asked to wait at Afroz Glass Shop on Balapur Road. A few minutes later, 2 SKS,J Crl.P.No.1435 of 2025 an unknown person arrived on a white Activa scooter ald took Kumar to a dark alley. Suddenly, three more unknown persons appeared, and they forced Kumar to sit on his knees. The four persons then started recording a video of Kumar, forcing him to say that he had come to meet the person from the Grinder app for sex. They then demanded that Kumar open his phone and deleted all the WhatsApp chat history and uninstall the Grinder app. The persons threatened Kumar, demanding that he pay them Rs. 1 lakh to keep the incident a secret. Kumar was ultimately forced to pay Rs. 56,200 to the extortionists. Thereby, a case was registered against the accused, including the petitioner, for his alleged involvement in the offences as alleged. Aggrieved thereby, this Criminai Petition is fiied for grant of anticipatory bail.

3. Heard Mr. MV Hanumantha Rao, learned counsel for petitioner, and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for respondent - State.

4. Learned counsel for the petitioner submitted that the allegations made against the petitioner are false, fabricated, and intended only to harass him. He contended that petitioner is a,n innocent and 1aw-abiding cittzeo, falsely implicated in the case, I 1 { iT IT!; I t I I 2 * ) f I l l. I' I r t i t&x &t ? & 3 SKS,J Crl.P.No- 1435 of2025 and has nothing to do with the alleged offence. He asserted that the petitioner is a student and a wrestler, and his arrest would spoil his future. He assured the Court that if the petitioner is granted anticipatory bail, he will not tamper with prosecution witnesses and will abide by any conditions imposed by the Court, including furnishing suflicient sureties. Therefore, while advocating that the investigation has been completed, and all material witnesses have been examined, he prayed this Court to allow the criminal petition.

5. On the other hand, learned Additional Public Prosecutor vehemently opposed the submissions made by learned counsel for petitioner, stating that petitioner is likely to abscond, tamper with evidence, and commit further offences with his accomplices, posing a threat to the victim. He lamented that the petitioner has been absconding since the case was registered and has a history of roaming with accomplices, indulging in similar crimes, and may not attend Court during the trial. Therefore, while advocating that granting anticipatory bail would enable the petitioner to escape to other states, given his influence and resources, and undermine the investigation and ( { trial, he prayed the Court to dismiss the crimina,l petition. I I tI i I T I ! t i , , t I I , i I I I I : t * : I i I : l I I t 4 SKS,J Crl.P.No.1435 of2025

6. Having regard to the rival submissions made, on going through the material placed on record, it is noted that petitioner has allegedly threatened tl:.e de facto complainant and forcefully robbed amount from him through QR code transfer and also demanded Rs.l lakh. Further, though petitioner fi1ed his bank statements to prove that no amount was credited in his account, it is the anticipation of prosecution that there arises every possibility of him receiving the alleged amount in another bank account and that the same requires investigation. That being so, as the investigation in the case is still at the initial stage, this Court is of the firm view that there are no merits in the case and the same is liab1e to be dismissed.

7. Accordingly, this Criminal Petition is dismissed. Miscellaneous applications, if any pending, shall stand closed. t & r I I I i 1 i * x {. ?t I.IIt I IZ. To f //TRUE COPY// Sd/. K AMMAJI ASSISTANT REGISTRAR SECTION OFFICER

1. The lX Sessions Judge at Nampally, Hvderabad. 2. The station House o-fficer, cnahoriyariguita-FJrice station, Hyderabad. 3 Two ccs to the pubric prosecutor, tiigh"courr ror tne stlie'or iiirigl., 4. One CC to SRt. tU V UnruUfr RruTHA RAO, Advocate tOpUCl 5. Two CD Copies Hyderabad (OUT) "t GS/PR tL" HIGH COURT DATED: 1310212025 ORDER CRLP.No.1435 of 2025 IAErl1 e ,t , .:) , t.) : ,/, T c i 3 O APR 2025 DF' S F^TCH r.$ CRL.PETITION !S DISMISSED @ Rq l t I