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High Court for State of TelanganaCRLP/6132/2026allowed no costs

Durva Shankar, v. The State Of Telangana, Through Sho, P.S. Asifabad,

2026-04-23K. Sujana5 pages

IN THE HIGH COURT FOR THE STATE OF

TELANGANA AT HYDERABAD THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.6132 of 2026 DATE : 23.04.2026 Between:

Durva Shankar.

...Petitioner/Accused No.1

AND The State of Telangana, Through SHO, P.S. Asifabad, Kumrambheem Asifabad District, Rep. by its Public Prosecutor, High Court at Hyderabad.

...Respondent

ORDER:

This Criminal Petition is filed before this Court for grant of bail to the Petitioner who is arrayed as accused No.1 in FIR No.149 of 2026 of Asifabad Police Station, Kumrambheem Asifabad District, registered for the offences punishable under Sections 308(2), 329, 324, 351 r/w 3(5) of the BNS.

2.

The case of the prosecution is that, on 15.04.2026, the de-facto complainant lodged a report before the police stating that he owns agricultural land admeasuring Ac.10.1680 in Sy.No.269/1 and Ac.3.2400 in Sy.No.269/2 situated at Chirrakunta village, Asifabad and that for the past several years the accused No.1 has been creating nuisance and demanding money claiming rights over the said land. On 07.04.2026, the accused No.1 contacted the complainant over phone and threatened him. On 08.04.2026, A.1 along with A.2 to A.12 illegally trespassed into the land, ploughed the land with tractors, destroyed the cotton crop and installed a flag and performed rituals and also threatened the complainant with dire consequences.

Hence, the complainant requested to take necessary action. Basing on the same, the police registered a case for the above said offences.

3.

Heard Sri Naresh Verma, learned counsel appearing on behalf of the petitioner as well as Sri M. Rama Chandra Reddy, learned Additional Public Prosecutor appearing for the respondent-State.

4.

Learned counsel for the petitioner submitted that the petitioner is innocent of the said allegations and the alleged offences are punishable below seven years and the trial Court has remanded the petitioner herein to the judicial custody from 18.04.2026 and since then he is in jail and he is aged about 72 years and he is suffering with health ailments. It is further submitted that the material part of the investigation is already completed. Therefore, he prayed the Court to grant bail to him by allowing this criminal petition.

5.

On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner stating that the allegations against the petitioner herein are serious in nature and he was remanded to the judicial custody by the trial Court and the investigation is still in progress, as such, there is no illegality in remanding the petitioner herein. 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 petitioner herein is accused No.1 and he is in jail since 18.04.2026. As

seen from the remand case diary, the prosecution witnesses 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 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 learned Principal Judicial First Class Magistrate, at Asifabad. ii. The petitioner 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.

iii. The petitioner 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: 23.04.2026 ADT

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.6132 of 2026 Date: 23.04.2026 ADT