Madhela Jayamma v. The State Of Telangana, Through P.S., Suryapet Ii Town,

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.4487 OF 2026 DATE : 13.04.2026 Between:

Madhela Jayamma & another ....Petitioners/A.1 and A.2 AND The State of Telangana, Through P.S. Suryapet II Town, Suryapet District, Rep., by Public Prosecutor, High Court of Telangana, High Court, Hyderabad ..... Respondent/ Defacto complainant : ORDER :

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking the Court to grant anticipatory bail to the petitioners in the event of their arrest in connection with FIR No.32 of 2026 of Suryapet II-Town Police Station, Suryapet District. The offences alleged against the petitioners are under Sections 318(4) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS') and under Section 5 of the Telangana Protection of Depositors and Financial Establishment

Act, 1999 (for short 'TSPDFEA Act') and under Section 76 of the Chit Funds Act, 1982.

2.

The brief facts of the case are that the complainant, Vankudothu Sakru Naik, lodged a complaint stating that he is a real estate agent and about two years ago, the petitioners herein induced him to join their chit business with a promise to repay the amount regularly. Believing them, he joined two chits of Rs.5,00,000/- each, but after completion, they failed to repay Rs.9,00,000/- and kept delaying despite repeated demands. It is further alleged that they also abused and threatened him and similarly cheated several other persons by collecting money under the pretext of chit and low-interest loans, thereby running an illegal finance business and defrauding multiple individuals. Hence requested the police for taking necessary action against the accused, basing on which the present case is registered against the accused for the above offences. 3.

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

4.

The learned counsel for the petitioners contend that the petitioners, are the subscribers to the chits run by the de facto complainant, and they have been falsely implicated in the present case based on baseless allegations, assumptions, and hearsay evidence. It is contended that there is no prima facie case against them and that the complaint does not disclose the essential ingredients of the alleged offences. The learned counsel further submits that there are no specific allegations or defined roles attributed to the petitioners, and that the police have mechanically registered the case and arrayed them as Accused Nos.1 and 2, which amounts to abuse of process of law. It is thus argued that the petitioners are in no way connected with the alleged offences and have been implicated only to harass them. Hence, prayed this Court to grant anticipatory bail to the petitioners.

5.

On the other hand, learned Additional Public Prosecutor opposed bail contending that the petitioners have cheated the complainant by collecting amounts in the name of chits, not only from the complainant but also collected amount from various other individuals. If petitioners are granted bail, they will commit similar offences and cheat the innocent people.

Hence, petitioners are not entitled to bail and prayed to dismiss this petition.

6.

Considering the submissions made by the learned counsel on either side and on perusal of the material available on record, according to the complainant the petitioners herein have not re-paid the amount though he joined in two chits of Rs.5,00,000/- each, petitioners have not paid Rs.9,00,000/- and from other victims also they have collected amount at low interest and lent to others at higher interest. Considering the allegations against the petitioners and as the matter pertains to monetary transactions, custodial interrogation of the petitioners is not required. Hence, this Court deems it fit to grant anticipatory bail to the petitioners subject to the following conditions :

i.

The petitioners shall surrender before the Station House Officer, Suryapet-II Town Police Station, Suryapet 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.25,000/- (Rupees Twenty Five 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 Monday 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: 13.04.2026 Rds

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.4487 OF 2026 DATE : 13.04.2026 Rds