Gundlapelli Ashok Kumar v. The State Of Telangana

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.10399 of 2025 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 petitioner, who is arrayed as accused in Crime No.156 of 2025 before the Kataram Police Station, Jayashankar Bhupalpally District.

2.

The brief facts of the case are that, de-facto complainant lodged a report before the Police stating that she received Rs.5,00,000/- under Raithu Beema after death of her child and lent Rs.3,00,000/- to the accused without a written agreement. Despite repeated requests, the accused failed to return the money. On 26.07.2025, the complainant and her elder daughter visited his house to demand repayment. The accused verbally abused them and physically assaulted the complainant with intent to kill, driven by the earlier financial dispute. The delay in filing the complaint was due to medical treatment. Basing on the said complaint, the police registered a case vide Crime No.156 of 2025 for the offences punishable under Sections 296(b) and 109 of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS').

3.

Heard Sri Kodari Mallikarjun, learned counsel for petitioner, and Sri Syed Yasar Mamoon, learned Additional Public Prosecutor for respondent-State.

4.

Learned counsel for the petitioner submitted that the petitioner is innocent and in no way connected to the alleged offences and that there was no premeditation or preparation on the part of the petitioner, and that the alleged confrontation was initiated by the complainant herself by visiting the petitioner's residence. Furthermore, there is no medical evidence on record to suggest that the alleged acts endangered the life of the complainant. He further submitted that the petitioner is the sole caretaker of his mentally challenged and ailing mother. Therefore, prayed this Court to grant pre-arrest bail to the petitioner by allowing this criminal petition.

5.

On the other hand, learned Additional Public Prosecutor vehemently opposed the submissions made by learned counsel for petitioner, stating that the allegations leveled against the petitioner are serious in nature. 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.

After considering the submissions made by both the learned counsel and reviewing the material available the record, this Court finds that the de-facto complainant sustained only simple injuries and was treated as out-patient. As the material part of the investigation is completed and considering the facts and circumstances of the case, the petitioner is granted pre-arrest bail subject to compliance of the following conditions: i.

The petitioner shall surrender before the Station House Officer, Kataram Police Station, Jayashankar Bhupalpally 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 Monday 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: 21.08.2025 SS

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.10399 of 2025 Date: 21.08.2025 SS