V v. The State Of Telangana,
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.787 of 2026 DATE: 03.02.2026 BETWEEN:
Chalamalla Sumanth Kumar.
... Petitioner/Accused No.1 And The State of Telangana, represented by its Public Prosecutor High Court for the State of Telangana Hyderabad, through the SHO Thallada Police Station, Khammam District.
... Respondent
O R D E R
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 was arrayed as accused No.1 in Crime No.4 of 2026 before the Thallada Police Station, Khammam District, registered for the offences punishable under Sections 329 (3), 318(4) and 111 BNS. 2.
Heard Sri Y.Koteswar Rao, learned counsel representing Sri B.Jaya Prabhakar Rao, learned counsel for the petitioner and Sri D.Arunkumar, learned Additional Public Prosecutor appearing for the respondent-State.
3.
The case of the prosecution is that on 04.01.2025 the police while conducting search and found that the petitioner along with some other drivers, has been continuously transporting sand illegally from Kovvur sand ramp, Andhra Pradesh to Telangana without any permission. It is further stated that earlier also a case was registered against him at Tallada police station for transporting sand without any valid permits. Each tipper was found carrying about 45 tones of sand, totaling 135 tons, valued at approsimately Rs.1,35,000/-. Hence, police registered a case for the aforesaid offences. 4.
The contention of learned counsel for the petitioner is that the petitioner is innocent of the aforesaid offences. None of the offences are attributable against the petitioner. The allegation of transportation of sand from Andhra Pradesh to Telangana State is under valid licence and the vehicle was seized without any valid reasons. He further submits that in view of orders passed by this Court in W.P.No.690 of 2026, dated 08.01.2026 the vehicle was released; that the petitioner is ready to cooperate with the investigation and that all the offences are below seven years and hence, he requested this Court to grant Anticipatory bail to the petitioner.
5.
On the other hand, learned Additional Public Prosecutor opposed the same and submits that total four cases are registered against the petitioner; that the petitioner is continuously involving in sand theft cases and therefore, he is not entitled for grant of bail as Section 111 BNS is also alleged against the petitioner and therefore, the petitioner is not entitled for grant of bail and hence, he prays to dismiss the criminal petition.
6.
Considering the submissions made by both the parties and perusal of the material on record, the petitioner herein is arrayed as accused No.1 and he is transporting sand from Andhra Pradesh to Telangana without any valid licence. But, the other cases registered against him are not on similar allegations. Considering the allegations made against the petitioner, this Court deems it fit to grant pre-arrest bail to the petitioner, subject to the following conditions: (i) The petitioner shall surrender before the Station House Officer, Thallada Police Station, Khammam, 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.
(ii) The petitioner shall abide by the other conditions stipulated in Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023 and co-operate with the Investigating Officer in investigating the case.
(iii) The petitioner shall appear before the concerned Investigating Officer on every Wednesday and Friday between 09:00 a.m, and 05:00 p.m., or till the filing of the charge sheet, whichever is earlier, and thereafter, as and when required.
7.
Accordingly, this Criminal Petition is allowed. Miscellaneous applications, if any pending, shall stand closed.
_________________ K. SUJANA, J Date: 03.02.2026 YVL