Peyyala Kumar v. . State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.6812 of 2026 DATE: 06.05.2026 BETWEEN:

Peyyala Kumar and 9 others ..... Petitionerss/ Accused Nos.1 to 10 And State of Telangana, Rep. by its Public Prosecutor, High Court at Hyderabad, Through Station House Officer, Mutharam (M), Ramagundam, Peddapalli District.

..... Respondent/ Respondent

ORDER

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of prearrest bail to the petitioners, who are arrayed as accused Nos.1 to 10 in Crime No.21 of 2026 before the Mutharam (M) Police Station, Ramagundam District, registered for the offences punishable under Sections 108 read with 62, 324(4), 296(b) read with 3(5) of BNS and Sections 3(1)(r)(s) and 3(2)(va) SC/ST POA Act.

2.

The brief facts of the case are that, on 02.03.2026, defacto complainant lodged a report stating that the accused persons allegedly trespassed into the house of the complainant and abused him and his wife in filthy language by referring to their caste name, thereby humiliating them in public view. It is further alleged that the accused persons criminally intimidated them, caused damage to their house, and instigated them to die. Due to the humiliation and mental trauma caused by such acts, the victim, Kethiri Laxmi, consumed pesticide and committed suicide. The complaint was lodged on 03.03.2026, and the delay is explained as being due to shifting the victim to the hospital for treatment. Basing on the said complaint, a case was registered against the accused for the above mentioned offences.

3.

Heard Sri K. Jagadishwar Reddy, 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 are innocent had were falsely implicated in a serious offence and that initially the complaint was only against petitioners No.1 to 4, alleging abuse and damage to property, and subsequently petitioners No.5 to 10 were falsely implicated based

on a later complaint and statements recorded during the inquest, without any specific overt acts attributed to them. He further submitted that the dispute, in fact, pertains to land, as the shed constructed by the defacto complainant was on land allotted for temple purposes and that the petitioners never abused the complainant or the deceased by taking their caste name, nor did they instigate or abet the commission of suicide, as such Section 108 of BNS is not application and there is no element of intentional instigation or mens rea and with regard to the alleged damage amount, which was initially stated as Rs.20,000/- and later exaggerated to Rs.2,00,000/- and that the investigation is substantially completed and the petitioners are ready and willing to cooperate with the same and appear before the Court as and when required. 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 opposes the bail application, contending that the allegations against the petitioners are severe and grave in nature and that the investigation is still pending and granting of pre-arrest bail to the petitioners, at this stage, does not arise and prayed the Court to dismiss the criminal petition.

6.

In light of the submissions made by both the learned counsel and upon perusal of the material available on record, this Court finds that the allegations against the petitioners are grave and serious in nature, as they are alleged to have abused the victims by taking their caste name and subjected them to humiliation, which ultimately led to the victim committing suicide. Considering the nature of allegations and the gender of petitioner Nos.5 to 9, this Court is inclined to grant anticipatory bail to petitioner Nos.5 to 9. However, the bail application of petitioner Nos.1 to 4 and 10 are dismissed. The grant of bail to petitioner Nos.5 to 9 shall be subject to the following conditions:

i.

The petitioner Nos.5 to 9 shall surrender before the Station House Officer, Mutharam (M) Police Station, Ramagundam, Peddapalli District within two weeks from today, and on such surrender, the said Station House Officer shall release him on bail on executing a personal bond for Rs.25,000/- each with two sureties, for the like sum each.

ii.

The petitioner Nos.5 to 9 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 petitioner Nos.5 to 9 shall appear before the concerned Investigating Officer

on every Wednesday between 09:00 a.m, and 05:00 p.m. 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.

7.

Accordingly, this Criminal Petition is partly allowed. Miscellaneous applications, if any pending, shall stand closed.

_______________ K. SUJANA, J Date: 06.05.2026 SS

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.6812 of 2026 Date: 06.05.2026 SS