Amand Harshavardhan v. The State of Telangana

O R D E R This Criminal Petition is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of pre-arrest bail to the petitioner, who is arrayed as accused in Crime No.117 of 2026 on the file of Nizamabad IV Town Police Station, Nizamabad District, registered for the offences punishable under Section 69 BNS, Section 3 (2) (Va), 3 (2)(v) of the SCs/STs (POA) Amendment Act, 2015.

Heard Sri Puppala Maheedhar, learned counsel for the petitioner-accused and Sri M.Ramachandra Reddy, learned Additional Public Prosecutor appearing for the respondent- State. 2

The case of the prosecution is that on 31.03.2026 the complainant lodged a report wherein she stated that in order to pursue higher studies in Abroad, she approached the petitioner in the month of April, 2024, who runs a consultancy at Nizamabad. The petitioner promised to secure admission to her in Russian colleges and took Rs.4,00,000/- from her and later he claimed that the admission was rejected. It is further stated that when she threatened to file a complaint, the petitioner managed OSH International Medical University in Kyrgyzstan and get admission to the complainant. Before the complainant left for her studies, taking advantage of disputes, though the complainant is having husband, the petitioner influenced her mentally by saying ‘leave your husband’ and the petitioner spoke to her over phone. It is further stated that when she came to India for holidays the petitioner lured her with deceitful words. Trusting him, she continued to meet and have physical relationship frequently with her. The complainant returned from Kyrgyzstan and thereafter she suffered a lot. The complainant was a dalit girl, the petitioner is not only used her physically but is also trying to insult her and ruin her reputation. The petitioner also threatened her that he would cause harm to her husband and her entire family and used abusive language. Further, he took an amount of 3 Rs.10,00,000/- from her husband for flight tickets, living expenses, college fees etc. Hence, she requested to take necessary action. Basing on the same, police registered a case against the petitioner for the aforesaid offences.

Learned counsel for the petitioner-accused would submit that none of the allegations levelled against the petitioner would attract the offence under Section 69 of the BNS or Section 3 (2) (Va), 3 (2)(v) of the SCs/STs (POA) Amendment Act, 2015; that initially the complainant is staying with her husband and she is a married woman and her marriage is subsisting. Therefore, the question of marrying the petitioner again by the complainant during subsistence of earlier marriage does not arise; that the petitioner is innocent of the offences alleged against him and only to harass him, he has been falsely implicated in this case and hence, he requested Court to grant Anticipatory bail to the petitioner.

On the other hand, learned Additional Public Prosecutor opposed the same and submits that the offences alleged against the petitioner are grievous and heinous in nature. He further submits that notice was served on the victim and hence, he prays to dismiss the petition.

Considering the submissions made by learned counsel for both parties and perusal of the material on record, 4 the complaint allegations show that the complainant is a married woman and she has been living with her husband and there is no divorce between the parties. Prima facie, the allegations levelled against the petitioner do not attract the alleged offences, this Court is inclined to grant bail to the petitioner-accused subject to the following conditions: (i) The petitioner-accused shall surrender before Station House Officer, Nizamabad IV Town Police Station, Nizamabad District, within two (2) weeks from today, and on such surrender, the petitioner shall be released on bail on executing a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for a like sum each. On such release, the petitioner - accused shall (ii) before the concerned Investigating Officer on every appear Wednesday between 09:00 a.m, and 05:00 p.m., for a period of eight (8) weeks or till the filing of the charge sheet, whichever is earlier, and thereafter, as and when required. The petitioner-accused shall abide by (iv) the other conditions stipulated in Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023 Investigating Officer in investigating the case. co-operate with