Venkatesh Ramulu Polu 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.8358 OF 2026 DATE : 17.06.2026 Between :

Sri Venkatesh Ramulu Polu S/o. Ramulu.

...Petitioner/A.1

And The State of Telangana, Rep.byt its Public Prosecutor, High Court for the State of Telangana, Hyderabad.

...

Respondent Complainant

ORDER

This Criminal Petition is filed under Sections 480 & 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') by the petitioner/Accused No.1 seeking to enlarge him on bail in connection with Crime No.232 of of Nacharam Police Station, Rachakonda Commissionerate.

The offences alleged against the petitioner are punishable under Sections 106 of BNS Act and Section 134 (a), 181 and 5 read with 180 of the Motor Vehicles Act, 1988.

2.

The case of the prosecution is that the de facto complainant lodged a report before police on 13.05.2026,

wherein it is stated that her husband along with his friend went to work and while returning, the petitioner herein drove his vehicle bearing TS03FG-0147 in a rash and negligent manner with high speed and dashed from back of the deceased vehicle. Due to which the deceased persons fell down from the vehicle and sustained grievous injuries and they shifted to the hospital and later they succumbed to injuries. Basing on the said report, police registered a case for the aforesaid offences.

3.

Heard Sri Sai Aravind Eshwara, learned counsel for the petitioner/Accused No.1 and Sri D.Arun Kumar, learned Additional Public Prosecutor, appearing for the respondent-State.

4.

The contention of learned counsel for the petitioner is that the incident in question was purely accidental and that there was no intention on the part of the petitioner to commit the alleged offence. It is further contended that this is not the appropriate stage to determine the question of negligence. Learned counsel submits that, although the prosecution has altered the charge to Section 106(2) of the Bharatiya Nyaya Sanhita (BNS), the said provision is not applicable as the incident

was not reported to the police and, therefore, the provision had not come into force as per G.O. dated 23.02.2024. Consequently, Section 106 of the BNS is stated to be inapplicable. It is also argued that the remaining offences are punishable with imprisonment of less than seven years. The petitioner has been in judicial custody since 15.05.2026, and the material part of the investigation has already been completed. On these grounds, learned counsel requests this Court to grant regular bail to the petitioner.

5.

On the other hand, learned Additional Public Prosecutor opposed the same and submits that the petitioner drove the vehicle in a rash and negligent manner in a wrong direction, due to which the rider and pillion rider of the vehicle fell down, received injuries and later succumbed to injuries; that investigation is not yet completed, as such the petitioner is not entitled for bail and hence, he requested this Court to dismiss the petition. 6.

Considering the submissions made by learned counsel for both parties and perusal of the material on record, the petitioner has been in judicial custody since 15.05.2026. The record shows that L.Ws.1 to 18 were

already examined. Considering the nature of allegations, period of incarceration and also progress in investigation, this Court deems it fit to grant bail to the petitioner/Accused No.1 subject to the following conditions:

(i) The petitioner-accused No.1 shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for a like sum each to the satisfaction of the learned Additional Metropolitan Magistrate, Medchal-Malkajgiri District at Medipally.

(ii) On such release, the petitioner-accused No.1shall appear before the concerned S.H.O.

between 09:00 a.m., and 5:00 p.m., on every Wednesday for a period of eight (8) weeks or till filing of charge sheet whichever is earlier, for the purpose of investigation, and thereafter, as and when required.

(iii) The petitioner-accused No.1 shall abide by the conditions stipulated in Section 437 (3) of Cr.P.C. (presently, Section 480 (3) of BNSS). 7.

Accordingly, the Criminal petition is allowed. Miscellaneous petitions, if any, pending shall stand closed.

_______________ K. SUJANA, J Date: 17.06.2026 YVL