Gujja Sujatha v. The State Of Telangana

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.10958 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 arrayed as accused No.1 in Crime No.83 of 2025 before the Narsampet Police Station, Warangal District.

2.

The brief facts of the case are that on 08.03.2025, the de-facto complainant lodged a report before the Police stating that he owned Ac.1-6 Guntas of agricultural land in Sy. Nos. 128/3 and 131/1, registered in his wife's name. In June 2024, the complainant borrowed Rs.4,00,000 from A2, pledging the land passbook as collateral. Subsequently, A2 handed over the passbook to A1. The wife of the complainant was suffering from mental illness and was under medication. Allegedly taking advantage of her condition, on 05.06.2024, A1 took her to the M.R.O. office and got the land registered in her own name without the knowledge of the complainant. For the past two months, the complainant had been requesting A1 to return the passbook, expressing his willingness to repay the debt. However, A1 informed him that the land had already been transferred to her name. On 04.03.2025, when he again

approached A1 to retrieve the passbook, she allegedly abused him in filthy language, threatened him with dire consequences, and refused to return the documents. Basing on the said complaint, the police registered a case vide Crime No.83 of 2025 for the offences punishable under Sections 318(2), 318(4), 296(b), and 351(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS'). 3.

Heard Sri Veera Babu Gandu, learned counsel for petitioner, and Sri Arun Kumar Doddla, learned Additional Public Prosecutor for respondent-State.

4.

Learned counsel for the petitioner submitted that the petitioner was innocent and had not committed any offence and that and that, even according to the complainant, the petitioner had lent an amount of Rs.4,00,000/-, pursuant to which the land was registered in her name and she obtained the pattadar passbook and that the complaint was filed only to harass the petitioner, despite the existence of a registered document and pattadar passbook in her name. He further submitted that the petitioner had filed a complaint against the CI of Police, Narsampet, in HRC No. 3942 of 2025 and vide order dated 25.07.2025, the Chairperson of the Human Rights Commission had directed the petitioner to file an appropriate application before the concerned Court and that the present criminal case was registered falsely at the instance of the said police officer.

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 there are several victims in the hands of the petitioner and that the allegations against the petitioner is of a serious nature and at this stage, the question of granting pre-arrest bail does not arise and prayed that the Court dismiss the criminal petition.

6.

Having regard to the submissions made by both learned counsel and upon perusal of the material available on record, it is observed that there are no criminal antecedents against the petitioner, and that the crucial part of the investigation appears to have been completed, the fact that custodial interrogation is not warranted, and considering the overall facts and circumstances of the case, this Court is inclined to grant pre-arrest bail to the petitioner, subject to the following conditions: i.

The petitioner shall surrender before the concerned trial Court, within two weeks from today, and on such surrender, the said concerned Judge shall release her on bail on executing a personal bond for Rs.25,000/- each with two sureties, for the like sum each.

ii.

The petitioner shall abide by the other conditions stipulated in Section 482(2) of BNSS 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: 03.09.2025 SS

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.10958 of 2025 Date: 03.09.2025 SS