Kummari Mallesh 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.3456 of 2026 DATE: 18.03.2026 BETWEEN:

Kummari Mallesh and 2 others ..... Petitioners/Accused Nos.1 to 3 And The State of Telangana, Rep. by Public Prosecutor, High Court for the State of Telangana at Hyderabad.

..... Respondent

ORDER

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of prearrest bail to the petitioners, who are arrayed as accused Nos.1 to 3 in Crime No.30 of 2026 before the Ghattu (M) Police Station, Jogulamba Gadwal District, registered for the offences punishable under Sections 109(1), 352, 126(2) read with 3(5) of BNS. 2.

The brief facts of the case are that, on 25.02.2026, the de facto complainant lodged a report before the police stating that on

25.02.2026, while she along with her mother were engaged in agricultural words, meantime at about 11:30 hours, on the instigation of one Kummari Ranganna, accused No.1 along with his wife and sister, came to the land and picked up a quarrel stating that she and her mother had no share in the said agricultural land and beat her mother with a sickle and knife, resulting in bleeding injuries and accused Nos.2 and 3 instigated accused No.1 to kill her. As such requested the police for necessary action. Based on the said complaint, the police registered an FIR for the above offences.

3.

Heard Sri Katika Ravinder Reddy, learned counsel appearing on behalf of the petitioners as well as Sri M. Ramachander Reddy, learned Additional Public Prosecutor appearing on behalf of the respondent - State.

4.

Learned counsel for the petitioner submits that accused No.1 has already been arrested and, therefore, the cause with regard to accused No.1 in the present petition no longer survives and has become infructuous. He further contended that accused Nos.2 and 3 are innocent of the allegations made against them; accused No.2 is the wife of accused No.1 and accused No.3 is sister of accused No.1. They have been falsely implicated in the case, and there are

no specific allegations against them. Though it is alleged that the victim sustained bleeding injuries, the medical certificate indicates that the injuries are simple in nature. Hence, prayed this Court to grant anticipatory bail to the petitioners.

5.

On the other hand, learned Additional Public Prosecutor opposed the grant of bail, contending that the allegations against the petitioners are serious and grave in nature, as there was an attempt to commit murder, and that the petitioners actively participated in the offence. He further contended that the petitioners are involved in another case, vide Crime No.161 of 2025. Hence, petitioners are not entitled for bail and prayed to dismiss this criminal petition.

6.

Considering the submissions made by the learned counsel on either side and upon perusal of the material available on record, this Court finds that the petition insofar as accused No.1 is concerned is dismissed as infructuous. It is observed that petitioner Nos.2 and 3, who are accused Nos.2 and 3 respectively, are the wife and sister of accused No.1, and the allegation against them is that they instigated accused No.1. However, the medical certificate shows that the victim sustained only simple injuries.

Having regard to the nature of the injuries and the allegations against the petitioners, this Court deems it fit to grant anticipatory bail to petitioner Nos.2 and 3-accused Nos.2 and 3, subject to the following conditions:

i.

The petitioners shall surrender before the Station House Officer, Ghattu Police Station, Jogulamba Gadwal District within two weeks from today, and on such surrender, the said Station House Officer shall release the petitioners on bail on their executing a personal bond for Rs.15,000/- (Rupees Fifteen Thousand only) each with two sureties, for the like sum each.

ii.

The petitioners shall appear before the concerned SHO between 09.00 a.m. and 05.00 p.m., on every Wednesday for a period of eight (8) weeks, for the purpose of investigation or till filing of charge sheet whichever is earlier and thereafter, as and when required.

iii.

The petitioners shall abide by the other conditions stipulated in Section 482 (2) of BNSS and co-operate with the Investigating Officer in investigating the case.

7.

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

_______________ K. SUJANA, J Date: 18.03.2026 SS

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.3456 of 2026 Date: 18.03.2026 SS