Chidirala Shashank 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.9863 OF 2026 DATE : 01.07.2026 Between :
Sri Chidirala Shashank S/o Upender and two 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.43 of 2026 on the file of Nellikudur Police Station, Mahabubabad District. The offences alleged against the petitioners are punishable under Sections 292, 126 (2), 329 (3), 324 (4) and 351 (2) read with 3 (5) of the BNS. 2.
The case of the prosecution is that on 25.02.2026 the de facto complainant lodged a report before
police, wherein it is stated that he purchased house site with an extent of 90 square yards and get it registered in his name and obtained construction permission from Gram Panchayat concerned. It is stated while he started digging pillars, pits, the petitioners criminally trespassed into the house site, objected the complainant not to do work, abused him in filthy language and also tried to stab with crow bar and also abused the mother of the vendor and demolished the compound wall and caused loss to a tune of Rs.3,000/-. 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