Gujja Sujatha v. The State Of Telangana

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.10956 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.310 of 2025 before the Narsampet Police Station, Warangal District.

2.

The brief facts of the case are that on 06.08.2025 the de-facto complainant lodged a report before the Police stating that he owned Ac.1-4 Guntas of agricultural land under Sy.No.253/1. Due to financial difficulties, he approached A2, who introduced him to A1. A1 provided the complainant with Rs.11,32,000/- in three installments and demanded to mortgage his land in her name as surety. On 22.11.2024, the complainant, along with A1, A2, and A3, went to the MRO office, where they allegedly threatened to kill him if he did not register the land in the name of A1. Under duress, the complainant signed the documents as instructed. Between 20.11.2024 and 20.06.2025, the complainant paid Rs.4,75,000/- as interest to A1. On 05.07.2025, he paid Rs.11,32,000/- in the presence of Panchayat elders and requested that the land be reregistered in his name. A1 refused, claiming she had purchased the

land, and allegedly abused and harassed him, as such requested for necessary legal action. Basing on the said complaint, the police registered a case vide Crime No.310 of 2025 for the offences punishable under Sections 318(4), 308(2), 111 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, even according to the complainant, the petitioner had lent an amount of Rs.11,32,000/-, 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 and that the consideration amount had been duly paid. 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

and that Section 111 of BNS was improperly invoked. 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, this Court observes that the petitioner had purchased the property from the de-facto complainant, and there exists a registered document evidencing the transaction and that the pattadar passbook is also issued in the name of the petitioner. If there had been any threat or coercion, the de-facto complainant ought to have lodged a complaint immediately after the registration, i.e., in the year 2024. However, the complaint was filed only in the year 2025. As the crucial part of the investigation appears to have been completed, 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.10956 of 2025 Date: 03.09.2025 SS