Thammishetty Shiva, 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.6611 OF 2026 DATE : 06.05.2026 Between :
Thammishetty Shiva ...
Petitioner/A.5 And The State of Telangana ... Respondent/Complainant : ORDER :
This Criminal Petition is filed under Section 480 & 483 of Bharatiya Nagarak Surakasha Sanhita, 2023 praying this Court to enlarge the petitioner on bail who is arrayed as accused No.5 in Crime No.183 of 2026 of Balanagar Police Station, Cyberabad District. The offences alleged against the petitioner are under Section 306, 123 r/w.3(5) of Bharatiya Nyaya Sanhita, 2023.
- 2 - 2.
The brief facts of the case are that, on 13.01.2026 at about 21:00 hours, the complainant, Yarramilli Hima Bindu, lodged a complaint stating that one Cherukupally Laxmi Sharvani, a distant relative who had been staying with their family for the past four months and assisting in household work, mixed an unknown substance in juice and served it to the complainant's husband on the afternoon of the incident. Later, when the family woke up, they found the house locked from outside and after informing to the watchman the door was opened and noticed that Sharvani and her belongings were missing. On opening the almirah, they found that about 35 tulas of gold ornaments, 12 kilograms of silver articles, and cash of Rs.2,00,000/- were stolen. Suspecting that Sharvani had committed the theft, the complainant requested the police to take necessary action. Basing on the said complaint the presence crime is registered.
3.
Heard Sri B. Venkat Sai, learned counsel appearing for the petitioner and Sri M.Ramachandra Reddy, learned Additional Public Prosecutor appearing for the respondentState.
- 3 - 4.
The learned counsel for the petitioner/A.5 contends that the petitioner is innocent and has no manner of involvement in the alleged offence. It is submitted that the petitioner neither administered any intoxicating substance to the complainant's family nor participated in the theft of any gold, silver articles, or cash from the house of the complainant. According to the learned counsel, the only allegation against the petitioner is that a gold loan account was opened in his name, for which he was allegedly deceived by A.3. It is stated that the petitioner, a 22year-old student from a modest background, had earlier known A.3 casually, and on his request, provided copies of his PAN card, Aadhaar card, photographs, and signatures for obtaining a loan, believing the gold belonged to A.
3 and without any knowledge that it was allegedly stolen property. Thus, the petitioner himself is stated to be a victim of deception and has been falsely implicated in the present case. It is further contended that the allegations do not attract the ingredients of the offences alleged against him, and that he has no previous criminal antecedents. The learned counsel also submits that the investigation has substantially been completed, statements have been recorded, material evidence collected, and only filing of the charge sheet remains.
- 4 - the investigation and shall abide by any conditions imposed by this Court.
5.
On the other hand, learned Additional Public Prosecutor opposed bail contending that the petitioner played active role in execution and disposal of the stolen property. If petitioner is released on bail, he may commit similar offences. Hence, petitioner is not entitled to bail and prayed to dismiss this petition.
6.
Considering the submissions made by the learned counsel for the petitioner and the learned Additional Public Prosecutor, as well as the material placed on record, it is seen that the petitioner is arrayed as A.5. The allegation against the petitioner is mainly with regard to opening of a gold loan account in his name and his alleged involvement in disposal of the stolen property. The petitioner denies the said allegations and contends that he was misled by A.3. It is also noticed that the petitioner is a young student aged about 22 years, has no previous criminal antecedents, and has been in judicial custody since 09.04.2026. Further, the investigation appears to have been substantially completed and only filing of the charge sheet remains. Considering the facts and circumstances of the case
- 5 - and the period of incarceration of petitioner in jail, this Court deems it fit 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 IIAdditional Junior Civil Judge-cum-XIII Additional Judicial Magistrate of First Class, Medchal-Malkajgiri District at Kukatpally.
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 :06.05.2026 Rds
- 6 - THE HON'BLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.6611 OF 2026 DATE :06.05.2026 Rds