Erra Narsimulu 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.3148 of 2026 DATE: 25.03.2026 BETWEEN:

Erra Narsimulu and others .....petitioners/accused Nos.1 to 4 And The State of Telangana, Rep. by its Public Prosecutor, High Court for the State of Telangana at Hyderabad.

.....Respondent/complainant

ORDER

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 petitioners, who are arrayed as accused Nos.1 to 4 in Crime No.6 of 2026 before the

Doulthabad Police Station, Vikarabad District, registered for the offences punishable under Sections 118(1) read with 3(5) of BNS.

2.

The brief facts of the case are that on 03.01.2026 at about 20:00 hours, the complainant's nephew Naveen and his friends were sitting near the Ambedkar Statue when the accused allegedly abused them in filthy language. When the complainant along with his mother and brother questioned the same, the accused persons allegedly threw red chilli powder into their eyes and assaulted them with sticks and stones, causing injuries to the complainant, his mother, brother and nephew. Basing on the above said complaint, the Crime was registered for the above said offences. 3.

Heard Sri R. Prasanth, learned counsel appearing on behalf of the petitioner as well as Sri M. Ramachandra Reddy, learned Additional Public Prosecutor appearing on behalf of the respondent - State.

4.

Learned counsel for the petitioners submitted that the petitioners are innocent and have been falsely implicated in

the present case due to local political rivalry and previous disputes. He further submitted that there is no prima facie material to connect the petitioners with the alleged offence and the allegations are fabricated and that the offences alleged are punishable with imprisonment below seven years and the police have not issued any notice under Section 35(3) BNSS (41-A Cr.P.C.) before attempting to arrest the petitioners. Therefore, he prayed the Court to grant pre-arrest bail to the petitioner by allowing this Criminal Petition. 5.

On the other hand, the learned Additional Public Prosecutor opposed the grant of anticipatory bail and submitted that the petitioners are involved in the alleged assault causing injuries to the complainant and other victims, and the investigation in the case is still in progress. Therefore, at this stage, granting of pre-arrest bail to the petitioners does not arise. Hence, he prayed the Court to dismiss the criminal petition.

6.

In the light of the submissions made by both the learned counsel and upon a perusal of the material available on record, it appears that the dispute between the parties

arose out of a quarrel near Ambedkar Statue and the allegations are yet to be established during the course of investigation. The main allegation against the petitioners is that they abused the complainant and others, threw red chilli powder into their eyes and assaulted them with sticks and stones causing injuries. As seen from the record, the offences alleged against the petitioners are punishable with imprisonment below seven years. Considering the facts and circumstances of the case, this Court deems it fit to grant prearrest bail to the petitioners subject to the following conditions:

i.

The petitioners shall surrender before the Station House Officer, Doulthabad Police Station, Vikarabad 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 Monday 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.

7.

Accordingly, this Criminal Petition is allowed. Miscellaneous applications, if any pending, shall stand closed.

_______________ K. SUJANA, J Date: 25.03.2026 SAI

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.3418 of 2026 Date: 25.03.2026 SAI