Bayya Sumalatha, v. The State Of Telangana

THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.6838 of 2026 DATE :04.05.2026 Between :

Bayya Sumalatha and 4 others.

... Petitioners/Accused Nos.5 to 9 And The State of Telangana, Rep. its Public Prosecutor, High Court For the State of Telangana, Through S.H.O. P.S Mothey, Suryapet District.

... Respondent : ORDER :

This criminal petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, by petitioners/Accused Nos.5 to 9 seeking anticipatory bail in connection with Crime No.83 of 2026 of Mothey Police Station, Suryapet District. The offences alleged against the petitioner are under Sections 329(3), 324(4), 118(1) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.

2.

The facts of the case are that the de-facto complainant went to his farm on April 23, 2026, at about 1:50 P.M., and he observed that all the accused had forcibly trespassed onto his property and were grazing their sheep and goats, thereby

damaging the flora and fauna. When the de-facto complainant questioned their illegal entry, accused Nos. 1 to 9, acted with a common intention to kill him, attacked him brutally and indiscriminately with sticks and rods, causing grievous injuries to his head and other parts of his body. As such he requested the police for taking necessary action, basing on the same, Police registered the case against the accused persons for the above offences.

3.

Heard Sri Veera Babu Gandu, learned counsel for the petitioners as well as Sri M. Ramachandra Reddy, learned Additional Public Prosecutor for respondent-State. 4.

The contention of the learned counsel for the petitioners is that accused Nos.1 to were arrested and petitioners/accused Nos.5 to 9 did not participate in the said crime and they are ready to co-operate with the investigating authority. Therefore, he prays the Court to grant anticipatory bail to the petitioners.

5.

On the other hand, the learned Additional Public Prosecutor submitted that along with Accused Nos. 1 to 4, the petitioners/accused Nos.5 to 9 actively participated in the crime

and committed overt acts. Therefore, the petitioners are not entitled to anticipatory bail, and he requests this Court to dismiss the petition.

6.

Considering the submissions made by both the parties and the material on record and the statements recorded by the Investigating Authority showing that there are specific overt acts against accused Nos. 1 to 4 and there are no specific allegations against these petitioners/Accused Nos. 5 to 9, hence, this Court deems it fit to grant anticipatory bail to the petitioners, subject to the following conditions:

i.

The petitioners shall surrender before the Station House Officer Mothey Police Station, Suryapet District, within two weeks from today, and on such surrender, the said Station House Officer shall release the petitioners' on bail on their executing personal bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, for the like sum each.

ii. The petitioners 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, for the purpose of investigation or till filing of charge sheet whichever is earlier and thereafter, as and when required.

iii. The petitioners shall abide by the other conditions stipulated in Section 482 (2) of BNSS and co-

operate with Investigating Officer in investigating the case.

7.

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

_______________ K. SUJANA, J Date: 04.05.2026 FM

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.6838 of 2026 Date: 04.05.2026 FM