Chidirala Jyothi 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.9864 OF 2026 DATE : 01.07.2026 Between :

Chidirala Jyothi W/o. Upender and 2 others.

...Petitioners/

Accused Nos.1 to 3 And The State of Telangana, Rep.by its Public Prosecutor, High Court for the State of Telangana, Hyderabad.

... Respondent Complainant

O R D E R

This Criminal Petition is filed under Sections 480 & 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') by the petitioners/Accused Nos.1 to 3 seeking to enlarge them on bail in connection with Crime No.146 of 2026 on the file of Nellikudur Police Station, Mahabubabad District. The offences alleged against the petitioners are punishable under Sections 329 (3), 126(2), 292, 351 (2) and 223 read with 3 (5) of the BNS

2.

The case of the prosecution is that on 15.06.2026 the complainant lodged a report before police, wherein it is stated that on 22.02.2009 the de facto complainant purchased old house with open land from one Padma and Veerabhadra Prasad and subsequently as the said house was in dilapidated condition and misshapen, the complainant get it registered in his name from the owners and applied for permission construction of new house from Gram Panchayat concerned. After obtaining the same, he started for construction and while construction work is going on, the petitioner came and obstructed the complainant alleging that there was some land belongs to them. It is stated that in spite of the complainant produced injunction orders and police protection orders, the accused persons obstructing the construction activities. Basing on these allegations, police registered a case against the petitioners for the aforesaid offences.

3.

Heard Sri R.Prasanth, learned counsel for the petitioners/Accused Nos.1 to 3 and Sri D.Arun Kumar, learned Additional Public Prosecutor, appearing for the respondent-State.

4.

The contention of learned counsel for the petitioners is that the petitioners are innocent of the offences alleged against them; that though the offences alleged against the petitioners are bailable, the learned trial Court without considering the same remanded them to judicial custody, which is not in accordance with law, as such requested the Court to grant regular bail to the petitioners.

5.

On the other hand, learned Additional Public Prosecutor opposed the same and submits that there are three cases registered against the petitioners and they violated the injunction orders issued by the learned trial Court; that when the authorities concerned went to the place of offence, the petitioners obstructed the authorities in doing their legitimate work, as such the learned trial Court rightly remanded the petitioners to judicial custody and hence, he prays to dismiss the petition.

6.

Considering the submissions made by learned counsel for petitioners and learned Additional Public Prosecutor, the offences mentioned in the remand report are bailable in nature and without considering the same the learned trial Court erroneously remanded the

petitioners to judicial custody. In view of the same, this Court deems it fit to grant bail to the petitioners/Accused Nos.1 to 3 subject to the following conditions: (i) The petitioners-accused Nos.1 to shall execute a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties for a like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Thorrur.

(ii) On such release, the petitioners-accused Nos.1 to 3 shall 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 petitioners-accused Nos.1 to 3 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: 01.07.2026 YVL