Mr. Shiva Krishna, v. The State Of Telangana Through Sho, P.S. Ccs Eow Hyderabad

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.3625 of 2026 DATE: 31.03.2026 BETWEEN:

Mr. Shiva Krishna and another .....petitioners/accused Nos.4 and 5 And The State of Telangana, Through SHO, P.S. CCS EOW Hyderabad, Rep. by its Public Prosecutor, High Court of Telangana.

.....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.4 and 5 in Crime No.39 of 2026 before the EOW Team-VII Police Station, CCS, DD, Hyderabad District, registered for the offences punishable under Sections 318(4) r/w 61(2) of BNS and Section 5 of the TSPDFE Act. 2.

The case of the prosecution is that the de-facto complainant, in the month of November 2022, came to know that M/s Tripura Constructions,

having its registered office at Plot No. 2, Laxmi Ganapathi Nilayam, Road No. 76, Opp. Film Nagar Temple, Hyderabad-500036, represented by its Partner Mrs. Pasupuleti Suguna W/o Sri Pasupuleti Sudhakar and Mr. Pasupuleti Sudhakar (Founder & Chairman). along with Mr. Shiva Krishna and Ms. Pallavi Krishna, had advertised a pre-launch residential high-rise gated community project namely "Tripura Nirvana" situated at Tellapur Village (V), Ramachandrapuram Mandal (M), Sangareddy District, Telangana. The complainant visited their office and met the above-mentioned directors/partners. They explained in detail about their pre-launch offers, flat specifications, built-up area (SFT), and total sale consideration. They assured him that the project would be completed within 3 years.

Relying on these representations, he was induced to invest in the project. Believing their assurances, representations and promises, the complainant entered into an Agreement/Memorandum of Understanding dated 12.04.2023 for purchase of a flat with a built-up area of 2200 Sft in the said project. The total sale consideration agreed was Rs. 77,00,000/- (Rupees Seventy Seven Lakhs Only). In good faith, he paid the entire amount of Rs. 77,00,000/- as demanded by them through cash and online transfers between 29.12.2022 and 12.04.2023 and they acknowledged the receipt of payments in the name of M/s Tripura Constructions and executed MOU dated 12.04.2023. However, even after receiving the full payment, the respondent company failed to commence construction or obtain necessary permissions for the project.

Hence, the complainant requested to take necessary action. Based on the said complaint, the police registered a case for the above said offences.

3.

Heard Sri M. K. Viswanath Naidu, learned counsel appearing on behalf of the petitioners 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 herein are accused Nos.4 and 5 and they are no way connected with the alleged crime and they are innocent of the said allegations and accused Nos.4 and 5 are son and daughter-in-law of accused Nos.2 and 3 and they never involved in the alleged business and they are falsely implicated in the present case as they are son and daughter-in-law of accused Nos.2 and 3 and they will cooperate with the investigating authority. Therefore, he prayed the Court to grant pre-arrest bail to the petitioners by allowing this Criminal Petition. 5.

On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioners stating that the allegations against the petitioners are serious in nature and they also actively involved in the said construction company and if they are

granted bail, they will not cooperate with the investigating authority. Hence, he prayed the Court to dismiss the criminal petition. 6.

In the light of the submissions made by both the learned counsel and on a perusal of the material available on record, it appears that accused No.1 is the company, accused No.2 is the Co-Founder, accused No.3 is the Founder and Chairman, accused No.4 is the Managing Director and accused No.5 is the CEO of the said company1, but there is no document to show the same and the allegations are leveled against accused Nos.4 and 5 as they are son and daughter-in-law of accused Nos.2 and 3. Considering the facts and circumstances of the case, this Court deems it fit to grant pre-arrest bail to the petitioners, subject to the following conditions:

i.

The petitioners shall surrender before the Station House Officer, EOW Team-VII Police Station, CCS, DD, Hyderabad 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 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: 31.03.2026 TU

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.3625 of 2026 Date: 31.03.2026 TU