Pathlavath Shankar v. State Of Telangana,

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI CRIMINAL PETITION No.7883 of 2026 DATE: 21.05.2026 BETWEEN:

Pathlavath Shankar .....Petitioner/Accused 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 petitioner, who is arrayed as accused in Crime No.38 of 2026 before the Kulkacherla Police Station, Vikarabad District, registered for the offences punishable under Sections 118(2), 352 of BNS.

2.

The brief facts of the case are that on 13.03.2026 the de-facto complainant, lodged a report before the Police stating that his brotherin-law, petitioner had been frequently quarrelling with him and his wife

under the influence of alcohol. On 12.03.2026, while his wife was near their house, the accused came there and picked up a quarrel with her regarding a JCB vehicle purchased by the complainant in the year 2017, claiming that he had assisted in procuring the same. During the said quarrel, the accused dragged her to a nearby temple, abused her in filthy language, and assaulted her with a stick, resulting in a bleeding injury to her right leg. Hence, requested the police to take necessary action against the accused.

3.

Heard Sri N. Anand Kumar, learned counsel appearing on behalf of the petitioner as well as Sri M. Vivekananda Reddy, learned Assistant Public Prosecutor appearing on behalf of the respondent - State. 4.

Learned counsel for the petitioner submitted that the petitioner is innocent and has been falsely implicated in the present case and that the subsequent alteration of the offence to Section 118(2) of the BNS is based solely on a later medical opinion referring to swelling/fracture of the metatarsal, which is a matter to be established during trial and does not necessitate custodial interrogation. He further submitted that the investigation is already completed and there is no likelihood of the petitioner either absconding or tampering with the prosecution evidence and that the petitioner is ready and willing to cooperate with the investigation and 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 opposes the bail application, contending that the allegations against the petitioner are severe and grave in nature and that the investigation is still pending and granting of pre-arrest bail to the petitioner, at this stage, does not arise and 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 arose between the petitioner and the de facto complainant's family in connection with personal and family issues. It appears that the investigation is substantially completed and custodial interrogation of the petitioner is not required. Considering the facts and circumstances of the case, 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, Kulkacherla Police Station, Vikarabad 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.50,000/- 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, 2023 and

co-operate with the Investigating Officer in investigating the case.

iii.

The petitioner 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 in this petition, shall stand closed.

_____________________________ JUSTICE T. MADHAVI DEVI Date: 21.05.2026 SAI/DA