Durva Shankar 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.5998 OF 2026 DATE : 22.04.2026 BETWEEN:

Durva Shankar .....Petitioner/A.1 And The State of Telangana, .....Respondent : 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.1 in FIR No.148 of of Asifabad Police Station, Kumrambheem Asifabad District. The offences alleged against the petitioner are under Sections 308(2), 329, 324, 351 r/w.3(5) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS'). 2.

The case of the prosecution is that the de facto complainant lodged a complaint before the police on 13.04.2026 stating that he is the owner of agricultural land admeasuring Ac.3.2600 in Sy.No.268, situated on the outskirts of

- 2 - Chirrakunta village. Similarly, his younger brother owned agricultural land admeasuring Ac.3.2600 in Sy.No.268/1, and after his death, the said land stands in the name of his sisterin-law. It is further stated that, during the lifetime of their father, there was a stay order passed by this Court with regard to the said lands, and subsequently, a judgment was passed by the then District Collector, pursuant to which pattas were granted. All the relevant documents pertaining to the said lands are stated to be in the possession of the complainant. It is also alleged that the said lands belonging to the complainant and his sister-in-law are presently being cultivated on lease by his nephew.

It is further stated that, for the past six years, the petitioner herein has been threatening the complainant by falsely claiming that the land belongs to Scheduled Tribes and demanding money. Despite being informed that valid title documents are available, the petitioner is alleged to have continued threatening the complainant, stating that his son is a Judge and that he is not afraid of anyone. It is further alleged that the petitioner, along with his family members, encroached upon the said lands and destroyed the cotton crop standing therein. Hence, requested the police to take necessary action against the accused.

- 3 - 3.

Heard Sri Naresh Verma, learned counsel appearing on behalf of the petitioner and Sri M.Ramachandra Reddy, learned Additional Public Prosecutor appearing on behalf of the respondent - State.

4.

The contention of learned counsel for the petitioner is that petitioner is innocent of the said allegations and he is a retired Tahsildar, aged about 72 years suffering with old age ailments and that he is in jail from 09.04.2026. He further contended that petitioner is ready to cooperate with the investigation and abide by the conditions imposed by this Court. 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 alleged offences against the petitioner are severe in nature. Being a responsible Government officer, he tried to encroach into the property of complainant and investigation is not yet completed. Further petitioner is also involved in similar crimes. Hence, requested this Court to dismiss this petition.

6.

Considering the submissions made by both the counsel and the material on record, the petitioner is in jail from 09.04.2026 and with the same allegations, several complaints

- 4 - are filed against the petitioner wherein he was shown as arrested. However, considering the health issues of the petitioner, this Court is inclined to grant 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 Principal Judicial First Class Magistrate at Asifabad.

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.

7.

Accordingly, the Criminal Petition is allowed. Miscellaneous petitions, if any, pending shall stand closed.

_______________ K. SUJANA, J Date :22.04.2026 Rds

- 5 - THE HON'BLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.5998 OF 2026 DATE : 22.04.2026 Rds