Sri Ramireddy Pothireddy, v. The State Of Telangana,

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT

HYDERABAD THE HONOURABLE SRI JUSTICE VAKITI RAMAKRISHNA REDDY CRIMINAL PETITION No.8036 of 2026 Between:

Sri Ramireddy Pothireddy and another ..Petitioners/accused Nos.1 and 2 And The State of Telangana, Rep. by Public Prosecutor, High Court for the State of Telangana at Hyderabad ..Respondent 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.180 of 2026 of Goshamahal Police Station, Hyderabad, registered for the offences punishable under Sections 316(5), and 318(3) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS').

2.

The brief facts of the case are that the de facto complainant lodged a complaint against the petitioners on 18.05.2026 stating

that the petitioners have approached the complainant in the year 2015 for supply of kirana items, groceries and dry fruits on credit basis for the purpose of a kitchen/hotel business said to be conducted by them under the name of M/s Sri Aditya Hotels and Resorts. The complainant has supplied goods to the petitioners on credit basis from the year 2015 onwards, that the petitioners initially made payments regularly for several years but from the year 2019, the petitioners gradually began to default in payments, that the supplies continued till March 2020 and the petitioners have failed to clear the outstanding balance of Rs.1,61,27,555/-. Basing on the said allegations, the present crime came to be registered against the petitioners for the aforesaid offences. 3.

Heard Sri S. Nagesh Reddy, learned counsel appearing on behalf of the petitioners as well as Sri M. Ramachander Reddy, learned Additional Public Prosecutor appearing on behalf of the respondent - State.

4.

Learned counsel for the petitioners submitted that the petitioners are innocent of the alleged offences and have been falsely implicated in the present case. The dispute is purely civil and commercial in nature arising out of long-standing business transactions between the parties and does not attract the

ingredients of the offences alleged under Sections 316(5), 318(3) read with Section 3(5) of the BNS. He further submitted that the business dealings between the parties continued from the year 2015 till March 2020, which itself shows an ongoing commercial relationship based on mutual trust and credit transactions. Therefore, he prayed the Court to grant pre-arrest bail to the petitioners by allowing this Criminal Petition. 5.

Learned Additional Public Prosecutor opposes the anticipatory bail application, contending that the petitioners with an intention to cheat the complainant induced him to supply goods on credit basis and thereafter intentionally defaulted in repayment of huge amounts due to the complainant. He further submitted that the investigation is at a crucial stage and that custodial interrogation of the petitioners is necessary for effective investigation and for collection of material evidence relating to the financial transactions between the parties. It is further contended that if the petitioners are granted anticipatory bail, there is every likelihood of their influencing the witnesses and tampering with the evidence. 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 allegations made against the petitioners arise out of business transactions between the parties. The record further discloses that the alleged transactions pertain to the period commencing from the year 2015 and that certain payments were admittedly made by the petitioners towards the due amount, as alleged by the complainant. Prima facie, the dispute appears to be predominantly civil in nature. Further, the investigation can proceed while safeguarding the liberty of the petitioners. Therefore, without expressing any opinion on the merits 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, Goshamahal Police Station, Hyderabad, within two weeks from today, and on such surrender, the said Station House Officer shall release them on bail on executing 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.

___________________________________ VAKITI RAMAKRISHNA REDDY,J prat/eds

THE HONOURABLE SRI JUSTICE VAKITI RAMAKRISHNA REDDY CRIMINAL PETITION NO. 8036 of 2026 prat/eds