Musalappagari Samba Siva, 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.4951 of 2026 DATE: 13.04.2026 Between:
Musalappagari Samba and another
...Petitioners/accused Nos.1 and 2
AND The State of Telangana, Through SHO, Film Nagar Police Station, Hyderabad, Rep. by its Public Prosecutor, High Court at Hyderabad.
.... Respondent/Complainant
O R D E R
This Criminal Petition is filed before this Court for grant of bail to the Petitioners who are arrayed as accused Nos.1 and 2 in FIR No.95 of 2026 of Film Nagar Police Station, Hyderabad District, registered for the offences punishable under Sections 109(1), 324(4) r/w 3(5) of the BNS.
- 2 - 2.
The case of the prosecution is that, on 08.03.2026, the de-facto complainant lodged a report before the police stating that she has been staying in a G+4 house for the past 12 years, and that they are residing, in which she and her family members are residing on the first floor, her second brother-inlaw's family members are residing in second floor and her father-in-law and mother-in-law are residing on the ground floor. While the remaining floors were given for rent, and the said house is in the name of her mother-in-law. In this regard, her elder brother-in-law has been having property disputes with their family members.
On the 3rd of this month, two rooms in their house which were given for rent became vacant and after knowing this matter her brother-in-law came to their house and threatened that those two vacant rooms belong to him and that they should not take possession of them, and left the place. On the next day, the tenants locked the rooms and gave the keys to their father-in-law. On 08-03-2026 he, along with his wife as per a plan brought a wooden stick and an iron pipe and came to their house and first broke the CCTV cameras downstairs.
- 3 - husband with the wooden stick on his head causing injury, and when she went to protect her husband he tried to hit her on the head with the wooden stick saying that he would kill her also, but as she moved aside it struck her face, and he also punched her face with his hands due to which her lips were cut and a bleeding injury occurred. Further, her elder brother-in-law Sambasiva and his wife Lakshmi forcibly entered their house, kicked her daughter Shreyashri who was sleeping inside and brought two steel bottles from the house and came outside threatening that they would kill all of them and hit her fatherin-law with the steel bottles and also hit her second brother-inlaw Shiva Shankar on his head and face causing severe injuries. They further threatened that they would kill all of them and somehow take possession of the house, and while leaving they damaged the CCTV cameras downstairs.
Hence, the complainant requested to take necessary action. Basing on the said complaint, the police registered a case for the above said offences.
3.
Heard Sri G. Mallesha, learned counsel appearing on behalf of the petitioners as well as Sri M. Ramachandra Reddy, learned Additional Public Prosecutor appearing for the respondent-State.
- 4 - 4.
Learned counsel for the petitioners submitted that the petitioners are innocent of the said allegations and due to the property disputes a false case is foisted against the petitioners to threatened the petitioners herein to settle the civil disputes and they are in jail since 09.03.2026 and the material part of the investigation was already completed and the custodial interrogation of the petitioners is not required for further investigation. Therefore, he prayed the Court to grant bail to them 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 herein are serious in nature and the injured witness sustained grievous injuries and as on today, injury certificate is not available with the investigating authority and the investigation is not yet completed. Therefore, he prayed the Court to dismiss the criminal petition.
6.
In the light of the submissions made by both the learned counsel and upon perusal of the material available on record, it appears that the petitioners herein are in jail since 09.03.2026 and the allegations seems to be that there are family disputes
- 5 - between the de-facto complainant's family and the petitioners herein and the petitioners herein attacked the de-facto complainant's family and they sustained grievous injuries. As seen from the remand case diary, the prosecution witnesses, LWs 1 to 14 have already been examined. Considering the facts and circumstances of the case, the nature of the allegations, the stage of investigation, the duration of incarceration, this Court finds it appropriate to grant bail to the petitioners, subject to the following conditions:
i.
The petitioners shall execute a personal bond for a sum of Rs.15,000/- each (Rupees Fifteen Thousand only), with two sureties for a like sum each to the satisfaction of the learned XVII Additional Chief Judicial Magistrate, at Nampally.
ii.
The petitioners shall appear before the concerned SHO at 11:00 a.m., on every Monday for a period of eight (8) weeks or till filing of charge sheet whichever is earlier, for the purpose of investigation, and thereafter, as and when required.
- 6 - iii.
The petitioners shall abide by the conditions stipulated in Section 437(3) of Cr.P.C. (presently, Section 480(3) of the BNSS).
7.
Accordingly, the Criminal petition is allowed. Miscellaneous applications, if any pending, shall stand closed.
_______________ K. SUJANA, J Date: 13.04.2026 TU
- 7 - THE HON'BLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.4951 OF 2026 DATE : 13.04.2026 TU