Gundaboinasrinivas 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.6719 of 2026 DATE: 05.05.2026 BETWEEN:

Gundaboina Srinivas and another .....petitioners/accused Nos.1 and 2 And The State of Telangana, Rep. by its Public Prosecutor, High Court for the State of Telangana 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 prearrest bail to the petitioners, who are arrayed as accused Nos.1 and 2 in Crime No.69 of 2026 before the Mulugu Police Station,

Mulugu District, registered for the offences punishable under Sections 417, 420 465 and 467 of IPC.

2.

The brief facts of the case are that the case arises out of a complaint lodged on 20.02.2026 alleging that the accused persons, with dishonest intention, created a fake and forged ownership document purportedly issued by the Gram Panchayat, Mulugu, and on that basis got the complainant's house property registered in favour of Accused No.2. It is further alleged that the accused mortgaged the said property and obtained a loan of ₹15,00,000/- from a financial institution. Accused Nos.3 and 4 are alleged to have assisted in the commission of the offence. 3.

Heard Sri A. Kedharnath, learned counsel appearing on behalf of the petitioner as well as Sri M. Ramachandra Reddy, learned Additional Public Prosecutor appearing on behalf of the respondent - State.

4.

Learned counsel for the petitioner submitted that the petitioners are innocent and have been falsely implicated in a matter which is essentially civil in nature arising out of a longstanding property dispute and that the complainant had already sold the property in 1997 and civil litigation is pending, which has

reached the stage of judgment, and the present complaint is filed after an inordinate delay only to exert pressure. There are no specific allegations of forgery against the petitioners, and even otherwise, mere use of a document does not attract forgery offences. He further submitted that there is no need for custodial interrogation. Therefore, he prayed the Court to grant pre-arrest bail to the petitioner by allowing this Criminal Petition. 5.

Learned Additional Public Prosecutor opposes the petition contending that the allegations disclose serious offences of cheating and forgery involving fabrication of documents and unlawful transfer of property, followed by obtaining a substantial loan by mortgaging the same and that the role of the accused persons, including the petitioners, requires thorough investigation, and custodial interrogation may be necessary to unearth the conspiracy and fabrication of documents. Therefore, at this stage, granting of pre-arrest bail to the petitioners does not arise. Hence, 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 dispute between the parties predominantly arises out of a long-standing civil dispute relating to the subject property,

which is already pending adjudication before the competent civil Court. The main allegation against the petitioners is that they have used a purportedly forged document to get the property registered in their favour and thereafter obtained a loan by mortgaging the same. However, having regard to the delay in lodging the complaint, the pendency of civil proceedings, and the nature of allegations, this Court is of the view that custodial interrogation of the petitioners is not necessary at this stage. Accordingly, considering the facts and circumstances of the case, this Court deems it fit to grant pre-arrest bail to the petitioners subject to the following conditions:

i.

The petitioners shall surrender before the Station House Officer, Mulugu Police Station, Mulugu District, within two weeks from today, and on such surrender, the said Station House Officer shall release them on bail on executing a personal bond for Rs.25,000/-, each with two sureties, for the like sum each.

ii.

The petitioners shall abide by the other conditions stipulated in Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023 and co-operate with the Investigating Officer in investigating the case.

iii.

The petitioners shall appear before the concerned Investigating Officer on every

Wednesday between 09:00 a.m, and 05:00 p.m., for a period of eight (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: 05.05.2026 SAI

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.6719 of 2026 Date: 05.05.2026 SAI