Toka Karunakar 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.6228 of 2026 DATE: 28.04.2026 Between:
Toka Karunakar .... Petitioner/accused AND The State of Telangana, Rep. by its Public Prosecutor, High Court at Hyderabad.
.... Respondent/Complainant ORDER:
This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of pre-arrest bail to the petitioner, who is arrayed as accused in Crime No.112 of 2023 of Kodair Police Station, Nagarkurnool District, registered for the offences punishable under Sections 454 and 380 of the IPC.
2.
The case of the prosecution is that, on 23.09.2023, the defacto complainant lodged a report before the police stating that he is working as Temple Poojari at Shivalayam Temple which is situated within the Kodair village Shivar since 30 years. On 23.09.2023, the complainant went to Shivalayam Temple for Pooja after finishing pooja in Shivalayam Temple, Kodair he left to home. Later petitioner went to Shivalayam Temple for Pooja at about 16:00 hours on the same day and he entered into the Temple through Main entrance observed that temple door lock was broken. Later, he observed that goddess mangalsutram was missing. That mangalsutram was made of silver which weighs about 03 grams worth of Rs.500/-. He understood that some unknown person have committed theft. The petitioner herein is shown as accused basing on the confession statement given by the petitioner in Crime No.02 of 2025. Hence, the complainant requested for necessary action. Basing on the said complainant, the police registered a case for the above said offences. 3.
Heard Sri S. Ram Reddy, learned counsel appearing on behalf of the petitioner as well as Sri M. Ramachandra Reddy, learned Additional Public Prosecutor appearing for the respondent-State.
4.
The contention of the learned counsel for the petitioner is that, without any basis, the petitioner herein is shown as accused in this crime and though the crime is registered in the year 2023, the petitioner was arrested in Crime No.134 of 2025 in the month of August and he was released on bail and again he was arrested in another crime. It is further submitted that, in the month of January, 2026 in Crime No.2 of 2025, wherein all these crimes were mentioned in the remand report itself, even after the same, the concerned police have not taken steps to regularize the arrest of the petitioner in the present crime. It is further submitted that the petitioner is in jail in another crime and the stolen property is worth of Rs.500/- only. Therefore, he prayed the Court to grant pre-arrest bail to the petitioner by allowing this criminal petition.
5.
On the other hand, learned Additional Public Prosecutor opposed the submissions made by learned counsel for petitioner stating that the allegations against the petitioner are serious in nature and he is the habitual offender and total 16 crimes are pending against him and the stolen property is a goddess mangalsutram, therefore, he is not entitled for the anticipatory bail. Therefore, he prayed the Court to dismiss the Criminal Petition.
6.
In the light of the submissions made by both the learned counsel and on a perusal of the material available on record, it appears that the petitioner herein is shown as accused in the year 2026 and the FIR is registered in the year 2023 and even after the same, the arrest of the petitioner in the present crime was not regularized by the concerned police by filing appropriate application and he is also in jail in another crime. Considering the facts and circumstances of the case and the stage of the investigation, this Court deems it fit to grant pre-arrest bail to the petitioner, subject to the following conditions: i.
The petitioner shall surrender before the Station House Officer, Kodair Police Station, Nagarkurnool 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/-, with two sureties, for the like sum each.
ii.
The petitioner shall abide by the other conditions stipulated in Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, and co-operate with the
Investigating Officer in investigating the case.
iii.
The petitioner shall appear before the concerned Investigating Officer on every Monday between 09:00 a.m, and 05:00 p.m., for a period of 8 weeks or till the filing of the charge sheet, whichever is earlier, and thereafter, as and when required.
7.
Accordingly, this Criminal Petition is allowed. Miscellaneous applications, if any pending, shall stand closed.
_______________ K. SUJANA, J Date: 28.04.2026 TU
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.6228 of 2026 Date: 28.04.2026 TU