Belgaon Shivakrishna 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.1769 and 1770 of 2026 DATE: 23.02.2026 CRIMINAL PETITION No.1769 of 2026 BETWEEN:

Pathireddy Vinodha and 3 others ..... Petitioners/ Accused Nos.1 to 4 And The State, Rep. by its Public Prosecutor, High Court, Through SHO, P.S. Nirmal Town Nirmal District ..... Respondent CRIMINAL PETITION No.1770 of 2026 BETWEEN:

Belgaon Shivakrishna and 16 others ..... Petitioners/ Accused Nos.5, 7 to 22 And The State, Rep. by its Public Prosecutor, High Court, Through SHO, P.S. Nirmal Town Nirmal District and another ..... Respondents

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 petitioners, who are arrayed as accused Nos.1 to 4, 5 and 7 to 22 in Crime No.29 of 2026 before the Nirmal Town Police Station, Nirmal District, registered for the offences punishable under Sections 189(2), 331(4), 221, 132, 263 read with 190 of Bharatiya Nyaya Sanhita, 2023 (BNS). 2.

The brief facts of the case are that the de facto complainant, who is the Circle Inspector of Police, lodged a report on 17.01.2026 stating that accused Nos.3 to 22 and others, in pursuance of a premeditated plan, formed themselves into an unlawful assembly with the common object of rescuing accused Nos.1 and 2, who were involved in Crime No. 182/2025. The accused unlawfully and trespassed into the office of the SDPO, Nirmal and physically assaulted and manhandled the escort personnel as well as the complainant by pushing them aside with their hands, and forcibly took away accused Nos.1 and 2 from lawful custody at the SDPO Office, Nirmal. Based on this report, the police registered a case against the accused for the alleged offences.

3.

Heard Sri Vinod Kumar Deshpande, learned Senior Counsel appearing on behalf of Sri Md. Kaleem Pasha learned counsel for the petitioners in Crl.P.No.1769 of 2026 and Sri M. Sreyas Reddy, learned counsel for the petitioners in Crl.P.No.1770 of 2026, and Sri Palle Nageshwar Rao, learned Public Prosecutor appearing on behalf of the respondent No.1-State.

4.

Learned Senior Counsel submitted that the petitioners are innocent of the allegations levelled against them and that the present case has been foisted due to political rivalry between the parties. He further submitted that when accused Nos.1 and 2 were taken to the police station, the petitioners merely went there to question the same and that they have not committed any offence as alleged. He further submitted that the ingredients of the offence under Section 331(4) of the Bharatiya Nyaya Sanhita, 2023 is not attracted to the present case and that, except the said offence, all other alleged offences are punishable with imprisonment for a term less than seven years. Hence, he prayed the Court to grant prearrest bail to the petitioners by allowing the present Criminal Petition.

5.

On the other hand, the learned Public Prosecutor opposed the submissions, contending that the allegations against the

petitioners are grave in nature and that the petitioners not only trespassed into the police station but also forcibly took accused Nos.1 and 2 from police custody, thereby causing serious obstruction to law enforcement and disturbance to public order. He further submitted that the investigation is at initial stage and that custodial interrogation of the petitioners is necessary for further investigation. Therefore, he prayed for dismissal of the Criminal Petition.

6.

In light of the submissions made by both learned counsel and upon perusal of the material available on record, it is evident that the crime was registered on 17.01.2026 during the period of Sarpanch elections in the village, and the allegations disclose that there exist disputes between two rival groups in connection with the said elections. Considering that all the alleged offences are punishable with imprisonment for a term less than seven years and that, prima facie, the ingredients of Section 331(4) of BNS is not attracted to the facts of the present case, this Court deems it appropriate to grant pre-arrest bail to the petitioners, subject to the following conditions:

i.

The petitioners shall surrender before the Station House Officer, Nirmal Town Police Station, Nirmal District 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 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 petitioners shall appear before the concerned Investigating Officer on every Wednesday between 09:00 a.m, and 05:00 p.m. for a period of eight (8) weeks or till filing of charge sheet whichever is earlier, for the purpose of investigation, and thereafter, as and when required.

iv.

The petitioners shall not enter Laxmanchanda Village, Nirmal District, until filing of the charge sheet.

7.

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

_______________ K. SUJANA, J Date: 23.02.2026 SS

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.1769 and 1770 of 2026 Date: 23.02.2026 SS