Sri. Mohammed Basheer v. State Of Telangana,

THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.6189 of 2025 ORDER:

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short 'BNSS') seeking anticipatory bail to petitioner/accused No.1 in Crime No.109 of 2025 on the file of the P.S.Velgatur, Jagitial District, registered for the offences punishable under Sections 329(3), 324(4), 351(2), 111 r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS'). 2.

The case of prosecution is that a complaint was received on 1704-2025 at 12:00 hrs from the defacto Complainant at Velgatur Police Station. The defacto Complainant stated that he and his three brothersSunil Dev, Jaipal, and Shylender, jointly own Ac.0.08 guntas of land in Survey No. 302/4 at the outskirts of Rajarampalli Village, with each brother is having an equal share of Ac.0.02 guntas. Sunil Dev had leased his portion to Mr. Naluvala Aravind, who had put up a tin shed to run a tea hotel. On 04-03-2025 around 15:30 hrs, the petitioner and some others allegedly quarreled with Aleti Chandra Reddy over property disputes in Survey No. 302/3 and damaged construction materials such as cement bags and poles. It is further alleged that the petitioner and his associates then trespassed into the complainant's land, threatened Aravind to remove his shed, and claimed ownership of the land. The

petitioner reportedly said that several land grabbing cases were already filed against him, but no action could be taken, and asked Aravind to convey the same to his brothers. Basing on the same, a case was registered in Crime No.109 of 2025.

3.

Heard Mr.G.Bhaskar Reddy, learned counsel for the petitioner and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondent -State.

4.

Learned counsel for the petitioner submitted that the petitioner has not committed any offence and he was falsely implicated in the present crime. He further submitted that the allegations levelled in the complaint are purely civil in nature. He further submitted that according to the complaint, there are property disputes between the defacto complainant and the petitioner. He further submitted that the petitioner purchased a property in Sy.No.302/3E through a registered Sale Deed from the rightful owner by paying valuable consideration and there are disputes in respect of the said property. To settle the property disputes, the defacto complainant impleaded the petitioner in the present crime. He further submitted that the ingredients under Section 111 of BNS are not attracted to the petitioner and the other offences are punishable with imprisonment below seven years. He further submitted that the

petitioner is willing to cooperate with the investigation and also abide by the conditions, which are going to be imposed by this Court, and hence, prayed for grant of anticipatory bail.

5.

Per contra, the learned Additional Public Prosecutor submitted that the petitioner has committed a grave offence and investigation is under progress. At this stage, if the petitioner is enlarged on anticipatory bail, there is every chance to interfere with the investigation and also influence the witness. Hence, prayed to dismiss the petition. 6.

Having considered the rival submissions made by respective parties and after perusal of the material available on record, it reveals that the petitioner is claiming rights over the property covered under Survey No. 302/E, which was registered through a Sale Deed dated 27.08.2012, as well as another property in the same survey number registered through a Sale Deed dated 07.04.2016. The record further reveals that property disputes are pending between the de facto complainant and the petitioner. Even according to the learned Additional Public Prosecutor, petitioner is not having any other criminal antecedents.

7.

Taking into consideration the said facts, this Court is inclined to grant anticipatory bail to the petitioner/accused No. 1 subject to the following conditions:

1. The petitioners/accused No.1 shall surrender before the P.S.Velgatur, Jagitial District, on or before 13.05.2025, and on such surrender, the said Station House Officer shall release the petitioner/accused No.1 on bail on his executing a personal bond for Rs.30,000/- each (Rupees thirty thousand only) with two sureties, for the like sum each.

2. After release, the petitioner/accused No.1 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.

3. After release, the petitioner/accused No.1 shall not influence the witnesses or interfere with the investigation.

4. The petitioner/accused No.1 shall abide by the other conditions stipulated in Section 482 (2) Bharatiya Nagarik Suraksha Sanhitha, 2023 and co-operate with the Investigating Officer in investigating the case.

8.

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

___________________________ JUSTICE J.SREENIVAS RAO Date: 07.05.2025 sa