Bathula Samba Shiva Rao At Sambaiah v. The State Of Telangana

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.10044 of 2025 ORAL ORDER:

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of pre-arrest bail to the petitioner, who is arrayed as accused No.4 in Crime No.534 of 2025 of Choutuppal Police Station, Rachakonda Commissionerate.

2.

The brief facts of the case are that on 26.07.2025 at about 20:30 hours, a complaint was received from the de facto complainant, stating that about 20 days ago, he went to Harsha Cars to buy a car, where a person named Shiva alias Pullarao approached him, claiming to have cars for sale. Since then, Shiva had been contacting him over the phone regarding different cars. About three days prior, Shiva informed him about a Hyundai car available in Choutuppal and asked if he was interested. On 26.07.2025 at about 14:30 hours, the complainant took his car TS11 EP 1415 to Choutuppal bus stand, picked up Shiva, and went to a masjid on Chinnakondur road as directed by him. Shiva showed him a

car there and said the owner would arrive in 10 minutes. While the complainant was on a phone call, Shiva stole Rs.4,00,000/- in cash from his car and fled.

3.

Heard Sri Dachepally Chandra Babu, learned counsel appearing on behalf of the petitioner as well as Sri Syed Yasar Mamoon, learned Additional Public Prosecutor appearing on behalf of the respondent - State.

4.

Learned counsel for the petitioner submitted that the petitioner is innocent of the alleged offence and that there are no cases pending against him to implicate him under Section 111(4) of the BNS. He further submitted that there are no specific allegations against the petitioner either in the complaint or in the remand CD. Therefore, he prayed that the Court be pleased to grant pre-arrest bail to the petitioner by allowing this criminal petition.

5.

On the other hand, learned Additional Public Prosecutor submitted that the investigation was not yet completed. At this stage, granting of pre-arrest bail to the petitioner does not arise. Therefore, 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 is noted that the petitioner is arrayed as accused No.4. As seen from the record, no specific role has been attributed to the petitioner, except that his name is mentioned in the reasons for arrest, while it is not mentioned either in the remand CD or in the complaint. Therefore, 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, Chottupal Police Station, Yadadri Bhongiri 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.25,000/- 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., till the filing of the charge sheet and thereafter, as and when required 7.

Accordingly, this Criminal Petition is allowed. Miscellaneous applications, if any pending, shall stand closed.

_______________ K. SUJANA, J Date: 25.08.2025 SAI

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.10044 of 2025 Date: 25.08.2025 SAI