Sakarwal Vijay @ Sakarwal Vijay Kumar 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.3646 of 2026 DATE: 18.03.2026 BETWEEN:

Sakarwal Vijay @ Sakarwal Vijay Kumar ..... Petitioner/Accused And The State of Telangana, Rep. by Public Prosecutor, High Court at Hyderabad Through SHO, P.S. Boath, Adilabad District ..... Respondent

O R D E R

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 petitioner, who are arrayed as accused in Crime No.46 of 2026 before the Boath Police Station, Adilabad District, registered for the offence punishable under Section 137(2) of BNS.

2.

The brief facts of the case are that, on 21.02.2026, the defacto complainant lodged a report before the Police stating that n the complainant has three daughters and two sons and on 20.02.2026, complainant's daughter was at home doing work. The complainant and her husband went to relatives' house in the same village for work. Other children went out to play. Complainant's daughter Arthi was alone at home. When complainant and her husband returned home around 2100 hrs, Arti was not at home. They thought she might have gone to neighbors house. At 2200 Hrs, when Arti didn't return, the complainant and the complainant husband searched neighbors' and relatives' houses but couldn't find her. Village people also searched, but could not trace her. Relatives in nearby villages were contacted, but they said she didn't went there.

The complainant suspects, Sakarwal Vijay So Sonsingh, who has been following her for love to Arthi, might have taken her away. Arthi is whitish complexion, thin, 4 feet tall, wearing brown color top when she was missing. Therefore it is request to take necessary action. Hence, the complainant requested that necessary action be taken against the accused. Based on the said complaint, the police registered an FIR for the aforesaid offences.

3.

Heard Sri Gungalwar Arun Kumar, learned counsel appearing on behalf of the petitioner, and Sri M. Ramachander Reddy, learned Additional Public Prosecutor appearing on behalf of the respondent-State.

4.

Learned counsel for the petitioner submitted that the petitioner is innocent of the allegations and has been falsely implicated in the present case with a view to settle civil disputes between the parties. He further submitted that the defacto complainant as well as her daughter have filed affidavits before the trial Court stating that they have no objection to granting anticipatory bail to the petitioner. Hence, prayed the Court to grant pre-arrest bail to the petitioner.

5.

On the other hand, the learned Additional Public Prosecutor opposed the submissions, contending that the allegations against the petitioner are serious and grave in nature. He further submitted that as the investigation is still in progress, grant of pre-arrest bail at this stage is not warranted. Hence, he prayed for dismissal of the petition.

6.

In light of the submissions made by both sides and upon perusal of the material available on record, it is evident that although the alleged offences against the petitioner are serious in nature, the victim is present before the Court and has expressed no objection to the grant of anticipatory bail. The victim has also filed an affidavit to that effect. Considering these aspects, this Court deems it appropriate to grant pre-arrest bail to the petitioner, subject to the following conditions: i.

The petitioner shall surrender before the Station House Officer, Boath Police Station, Adilabad District within two weeks from today, and on such surrender, the said Station House Officer shall release the petitioner on bail on their executing a personal bond for Rs.25,000/- (Rupees Twently Five Thousand only) with two sureties, for the like sum each.

ii.

The petitioner 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 petitioner 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.3646 of 2026 Date: 18.03.2026 SS