Kande Sai Kishore Alias Sai 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.5698 OF 2026 DATE : 27.04.2026 BETWEEN:
Kande Sai Kishore @ Sai .....Petitioner/A.2 And The State of Telangana, Rep., by its Public Prosecutor, High Court at Hyderabad .....Respondent/Complainant : ORDER :
This Criminal Petition is filed under Section 480 & 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying this Court to enlarge the petitioner on bail who is arrayed as accused No.2 in Crime No.230 of 2026 of Jawahar Nagar Police Station, Malkajgiri. The offences alleged against the petitioner are under Sections 126(2), 140(1), 127(8), 310(2) r/w.61 & 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS'). 2.
The facts of the case are that on 14.02.2026 at about 18:00 hours, the defacto complainant lodged a complaint stating that on 31.01.2026 at about 16.40 hours, while he was
- 2 - travelling from Janapriya to Dammaiguda, the complainant was intercepted at Jammigadda by a group of persons who kidnapped and assaulted him. He was taken to an isolated place on the Bhuvanagiri-Jangaon route, where he was again assaulted and forced to admit to having a relationship with his sister's daughter, Shanmukhi aged about 17 years. Out of fear, he admitted the same and his statement was recorded. Later, he was moved to another unknown location where his gold chain and mobile phone were robbed. Subsequently, his sister Madhuri, her family members, and others also assaulted him before dropping him back at Jammigadda with his car. The complainant later identified some of the accused as Sai, Mahesh, and suspects that one Jangamayya Goud trapped Shanmukhi, misused her, and tried to falsely implicate him. Hence, requested the police to take necessary action against the accused basing on which the presence crime is registered against the accused for the above offences.
3.
Heard Ms. K.Bhoolakshmi, learned counsel appearing on behalf of the petitioner and Sri M.Ramachandra Reddy, learned Additional Public Prosecutor appearing on behalf of the respondent - State.
- 3 - 4.
The contention of learned counsel for the petitioner is that the petitioner/Accused No.2 is innocent and has been falsely implicated due to personal vendetta arising out of financial disputes with A.1's family. It is submitted that even if the complaint is accepted in entirety, no offence as alleged is made out. Learned counsel further contended that there are material contradictions regarding the date and time of occurrence, unexplained delay in lodging the complaint, and doubtful circumstances surrounding the alleged kidnapping.
The petitioner herein has filed Crl.P.No.3304 of 2026 before this Court for grant of anticipatory and while the same was pending, the police arrested the petitioner, as such the said criminal petition was withdrawn on 13.03.2026. Learned counsel also contended that it is alleged by the prosecution that gold chain was recovered from the possession of petitioner herein from his house but no panchanama was conducted at his house for recovery of gold chain. Learned counsel further contended that investigation is substantially complete and there are no criminal antecedents against the petitioner. Hence, prayed this Court to grant regular bail to the petitioner 5.
On the other hand, learned Additional Public Prosecutor opposed bail contending that the offence committed by the petitioner is serious in nature. The petitioner along with other
- 4 - accused assaulted the complainant and he assisted A.1 in committing the offence. If the petitioner is released on bail, he may threaten the witnesses and tamper with evidence. Hence, petitioner is not entitled to bail and prayed to dismiss this petition.
6.
Considering the submissions made by both the counsel and the material on record, the allegation against the petitioner is that he assisted A.1 in committing the offence. Petitioner is in jail from 12.03.2026 and as informed to this Court no other cases are pending against the petitioner, considering the allegations against the petitioner, this Court is inclined to grant regular bail to the petitioner subject to the following conditions : i.
The petitioner shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for a like sum each to the satisfaction of the IIIAdditional Junior Civil Judge-cum-X Additional Metropolitan Magistrate, MedchalMalkajgiri District at Medchal. ii.
The petitioner shall appear before the concerned SHO between 09.00 a.m and 5.00 p.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.
iii.
The petitioner shall abide by the conditions stipulated in Section 483(2) of the BNSS.
- 5 - 7.
Accordingly, the Criminal Petition is allowed. Miscellaneous applications, if any pending, shall stand closed.
_______________ K. SUJANA, J Date :27.04.2026 Rds
- 6 - THE HON'BLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.5698 OF 2026 DATE : 27.04.2026 Rds