BATHA VAMSI Vs. STATE

JUDGEMENT

(1.) This Criminal Petition, under Ss. 480 and 483 of BNSS, has been filed by the Petitioner/A1, seeking regular bail, in Crime No.287 of 2024 of Mahila Police Station, registered for the offences punishable under Ss. 70(1), 77, 351(2), 69 and 75(1) of the Bharatiya Nyaya Sanhita, 2000 (for short, 'BNS') and Sec. 67-A of Inforamtion Technology Act, 2000 (for short, 'I.T.Act').

(2.) Case of the prosecution, in brief is that on 18/11/2024 at about 22.30 hours, the defacto complainant alleged that A1 developed intimacy with her by promising love and marriage. On 10/8/2024 at Kambalakonda park, A1 forcefully had sexual intercourse with her, deceitfully reiterating his promise of marriage. On 13/8/2024 at Krishna Gardens, Dabagardens, A1 took her to the rented room of his friend/A4. A1 again forcibly engaged in sexual intercourse with her. Later, friends of A1 i.e, A2 to A4 came there and showed her private videos captured earlier and threatened to share them publicly if she resisted. Under the duress, all four accused sexually exploited her. From that time, the accused continuously harassed and tortured her for sexual favours. Unable to bear the harassment, she attempted to commit suicide.

(3.) The learned counsel for the petitioner asserts that the petitioner is innocent of all charges, particularly those related to rape or sexual intercourse; the police investigation is complete and the charge sheet is filed. Citing the Hon'ble Supreme Court's principle that "bail is the rule, jail is an exception," learned counsel asserts that the petitioner should not remain in judicial custody. There has been inordinate delay in filing the report to the police.