G. Kamala, v. The State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT

HYDERABAD THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION Nos.1328 and 1957 of 2026 DATE: 23.02.2026 Crl.P.No.1328 of 2026 Between:

G. Kamala and others .... Petitionerss/accused No.1, 2 and 3 AND The State of Telangana, Rep. by its Public Prosecutor, High Court at Hyderabad.

.... Respondent/Complainant Crl.P.No.1957 of 2026 Between:

Avinash Pitti .... Petitioners/accused No.8 AND The State of Telangana, Through SHO, PS, EOW, Cyberabad, Rep. by its Public Prosecutor, High Court at Hyderabad.

.... Respondent/Complainant

COMMON ORDER:

These Criminal Petitions are filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of pre-arrest bail to the petitionerss, who are arrayed as accused Nos.1 to 3 and 8 in Crime No.3 of 2026 of EOW Cyb (Cyberabad) Police Station, Cyberabad Commissionerate, registered for the offences punishable under Sections 318(4) and 338 of the BNS.

2.

The case of the prosecution is that, on 21.01.2026, the de-facto complainant lodged a report before the police stating that the complainant herein is a Corporator of Miyapur Division and according to the de-facto complainant, certain individuals/land mafia groups are illegally encroaching Government land, preparing fake and forged documents and fraudulently registering land and selling them to the public. These unlawful activities are causing major financial loss to innocent citizens and damaging public trust. In this connection, the concerned Sub-Registrar has already been suspended, which clearly establishes prima facie evidence of document fraud and illegal registration. Hence, he requested

for necessary action. Basing on the said complainant, the police registered a case for the above said offences. 3.

Heard Sri Potta Tarun Patel, learned counsel appearing on behalf of the petitioners as well as Sri Palle Nageshwar Rao, learned Public Prosecutor appearing on behalf of the respondent - State.

4.

Learned counsel for the petitioners submitted that though the bail petition is filed by accused Nos.1 to 3, accused Nos.2 and 3 were already arrested on 11.02.2026 and the present criminal petition No.1328 of 2026 has become infructuous against accused Nos.2 and 3. It is further submitted that accused Nos.1 and 8 are innocent of the said allegations and accused No.1 is 70 years old lady and in the subject property already there are civil disputes between the parties and this Court had gave Judgments in favour of the petitioners/accused Nos.1 and 8 and the same was challenged before the Hon'ble Supreme Court vide SLP (CIVIL) Diary No.32368 of 2025 and the Hon'ble Supreme Court had passed the status quo order and inspite of the same, the de-facto complainant has lodged the report before the police only to harass the petitioners herein and to extract money from the

petitioners herein. Therefore, he prayed the Court to grant pre-arrest bail to the petitioners by allowing these criminal petitions.

5.

On the other hand, learned Public Prosecutor has filed counter and stated that the allegations against the petitioners herein are serious in nature and the petitioners are encroachers of public properties, which caused damaged to the public properties, therefore, the custodial interrogation of the petitioners is required in this case and he prayed the Court to dismiss the Criminal Petitions.

6.

In the light of the submissions made by both the learned counsel and on a perusal of the material available on record, the petitioners/accused Nos.1 and 8 were already parties to the civil litigation and the same was in favour of the petitioners herein. Later, the Government approached the Hon'ble Supreme Court by filing SLP (CIVIL) Diary No.32368 of 2025 and the same is pending. Considering the facts and circumstances of the case, the nature of litigation and the role of the petitioners herein, this Court deems it fit to grant prearrest bail to the petitioners/accused Nos.1 and 8, subject to the following conditions:

i.

The petitioners/accused Nos.1 and 8 shall surrender before the Station House Officer, EOW Cyb (Cyberabad) Police Station, Cyberabad Commissionerate, within two weeks from today, and on such surrender, the said Station House Officer shall release them on bail on executing a personal bond for Rs.25,000/- each, with two sureties, for the like sum each.

ii.

The petitioners/accused Nos.1 and 8 shall abide by the other conditions stipulated in Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, and co-operate with the Investigating Officer in investigating the case.

iii.

The petitioners/accused Nos.1 and 8 shall appear before the concerned Investigating Officer on every Monday between 09:00 a.m, and 05:00 p.m., for a period of 8 weeks or till the filing

of the charge sheet, whichever is earlier, and thereafter, as and when required.

7.

Accordingly, both the Criminal Petitions are allowed. Miscellaneous applications, if any pending, shall stand closed.

_______________ K. SUJANA, J Date: 23.02.2026 TU

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION Nos.1328 and 1957 of 2026 Date: 23.02.2026 TU