Pandi Kumaraswamy 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.4366 of 2026 DATE: 30.04.2026 Between:

Pandi Kumaraswamy and three others.

...Petitioners/A.7,8,10 and 11

AND The State of Telangana, Rep.by Public Prosecutor, High Court at Hyderabad and another.

.... Respondents

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 petitioners, who are arrayed as accused Nos.7, 8, 10 and 11 in Crime No.99 of 2026 of Jagtial Town Police Station, Jagitial District, registered for the offences punishable under Sections 191(2), 191(3), 296(b), 109(2), 351(2) read with 190 of the BNS and Section 3 (1)(r)(s), 3 (2) (va) of the SCs/STs (POA) Act, 2015.

2.

The case of the prosecution is that on 27.02.2026 the de facto complainant lodged a report before the Police stating that the accused persons, who are not members of the SC/ST community, were aware that the complainant and his son/injured Anagandula Anil Kumar belong to the SC community and, with a common object, carried deadly weapons such as knives and stones and formed an unlawful assembly with an intention to kill the complainant's son Anagandula Anil Kumar. It is further stated that they attacked him with knives and stones and stabbed him, as a result of which Anagandula Anil Kumar sustained severe bleeding injuries on his back, nose, throat and left eyebrow. It is also stated that they abused the complainant and his son in filthy language, intentionally insulted them by taking their caste name and threatened them.

It is further stated that the incident arose due to the son of the complainant having performed an inter-caste love marriage with the daughter of accused No.2, viz., Soumya. Based on the said report, the police registered a case against the accused persons for the aforesaid offences.

3.

Heard Sri V.Rajender Rao, learned counsel for the petitioners and Sri M.Ramachandra Reddy, learned Additional Public Prosecutor, appearing for the respondent-State.

4.

The contention of the learned counsel for the petitioners is that the petitioners are innocent of the offences alleged against them. It is further contended that based on the complaint, the petitioners have been falsely implicated in the case along with others. Therefore, he prayed that the Court grant bail to the petitioners. 5.

On the other hand, learned Additional Public Prosecutor opposed the same and submits that the offences alleged against the petitioners are grievous and heinous in nature and hence, he prays to dismiss the petition.

6.

Considering the same, none of the witnesses have stated any overt acts against the petitioners. LW-11, who is an eyewitness, stated that six members attacked the victim and he sustained severe injuries. However,

there are no specific overt acts attributed to the petitioners. Considering the overall facts and circumstances of the case, this Court deems it fit to grant pre‐arrest bail to petitioners‐accused Nos.7, 8, 10 and 11, subject to the following conditions:

i.

The petitioners-accused Nos.7, 8, 10 and 11 shall surrender before the Station House Officer, Jagtial Town Police Station, Jagtial 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-accused Nos.7, 8, 10 and 11 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-accused Nos.7, 8, 10 and 11 shall appear before the concerned

Investigating Officer on every Monday and Friday between 09:00 a.m, and 05:00 p.m., till the filing of the charge sheet 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: 30.04.2026 Fm

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.4366 of 2026 Date: 30.04.2026 fm