Musku Bhumeshwar, v. The State Of Telangana,
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT
HYDERABAD THE HONOURABLE SMT. JUSTICE T.MADHAVI DEVI CRIMINAL PETITION No.7810 of 2026 Date of Order: 21.05.2026 Between:
Sri Musku Bhumeshwar and others
...Petitioners/Accused Nos.1 to 18
And The State of Telangana, Represented by its Public Prosecutor, High Court for the State of Telangana, Hyderabad.
...Respondent
: O R D E R :
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 petitioners, who are arrayed as accused Nos.1 to 18 in Crime No.40 of 2026 of Mupkal Police Station, Nizamabad District, registered for the offences punishable under Sections 308(5), 329(3), 324(6), 61, 351(3) read with 190 of Bharatiya Nyaya Sanhitha, 2023 (for short 'BNS').
2.
The brief facts of the case are that on 30.04.2026 at 07.00 hours, complainant lodged a complaint alleging illegal trespass, erection of poles for construction of a bus stand on his alleged land, and criminal intimidation by the petitioners and others. The dispute is connected to earlier road widening proceedings of the year 2023, in relation to which Crime No.91 of 2023 and Contempt Case No.1287 of 2023 are already pending. The complainant alleged that the petitioners erected a bus shelter over his land despite pendency of the said proceedings. The petitioners, however, are members of the Village Development Committee engaged in developmental activities for public welfare, including construction of a bus shelter for commuters.
The said bus stand shed was erected only on a drainage nala covered by RCC slab, which is Government land, and not on the complainant's private property. Official records, including the communication dated 10.01.2024 of the Divisional Panchayat Officer, Armur, disclose that the petitioners had no role in demolition of the complainant's house or in any acquisition proceedings. The road widening and drainage works were carried out by the concerned authorities.
and omnibus in nature, without specific overt acts attributed to the petitioners. Even a plain reading of the complaint does not disclose the essential ingredients of the alleged offences. The present complaint appears to be a continuation of the complainant's personal vendetta arising out of a civil/property dispute and amounts to abuse of process of law. Hence, action was sought against the accused. 3.
Heard Mr.D.Jagadishwar Rao, learned Counsel appearing on behalf of the petitioners as well as Mr.Vivekananda Reddy, learned Assistant Public Prosecutor appearing on behalf of the respondent-State.
4.
The petitioners are accused Nos.1 to 18 and the accusations are that they have threatened to kill the complainant as he did not surrender the subject land and that they have also threaten the complainant to register the property in the name of Village Development Committee. 5.
Learned Counsel for the petitioners submitted that the accusations are false and previous litigations regarding the subject property, writ petition is filed and complaint has been falsely given to implicate the registration that they are
members of the committee. Therefore, he prayed for grant of pre-arrest bail by allowing the Criminal Petition. 6.
On the other hand, learned Public Prosecutor opposed the grant of bail on the ground that the case is registered under Section 308(5) of BNS. 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. 7.
In the light of the submissions made by both the learned counsel, this Court finds that except for accusations of threatening to kill and criminal intimidation, there is no grievous injury or any action of injury by the petitioners, this Court deems it fit to grant pre-arrest bail to the petitioners/accused Nos.1 to 18, subject to the following conditions:
i.
The petitioners shall surrender before the Station House Officer, Mupkal Police Station, Nizamabad 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 Monday 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.
8.
Accordingly, this Criminal Petition is allowed. Miscellaneous applications, if any pending, shall stand closed.
____________________ JUSTICE T.MADHAVI DEVI Date: 21.05.2026 CHS/MMR
THE HONOURABLE SMT. JUSTICE T.MADHAVI DEVI CRIMINAL PETITION No.7810 of 2026 Date of Order: 21.05.2026 CHS/MMR