Gujja Sujatha v. The State Of Telangana

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.10967 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.317 of 2025 before the Narsampet Police Station, Warangal District.

2.

The brief facts of the case are that on 16.08.2025 the de-facto complainant lodged a report before the Police stating that he had arranged his daughter's marriage and was in urgent need of money. He approached A2, a regular customer at his tiffin center, who introduced him to A1. She asked him to provide land or house documents as collateral. Accordingly, he handed over the passbook for Ac.1-5 guntas of land in Survey No. 828/A/1 at Chinthapalli Village, Sangem Mandal. Initially, A1 did not provide any money. On 24.03.2024, she gave him some documents to sign at the MRO Office and paid Rs.2,00,000/-. As the wedding approached, he requested the remaining Rs.7,30,000/-. A1 demanded signatures on two promissory notes at her residence before releasing the balance amount and he received a total of Rs.9,30,000/-. He paid Rs.1,00,000/- per month as interest for 14 months. When he later

offered to repay the principal, A1 claimed the land was mortgaged for Rs.20,00,000/- and demanded Rs.44,00,000/- to return it. A2 also threatened him and extorted Rs.50,000/-. The complainant alleged that both accused, along with others, were operating a scheme to exploit financially distressed individuals by taking land under false pretenses and requested legal action against them. Basing on the said complaint, the police registered a case vide Crime No.317 of 2025 for the offences punishable under Sections 318(4), 351(2) and 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.9,30,000/-, 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 there exists a registered document evidencing the transaction and that the pattadar passbook is also issued in the name of the petitioner and 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 prearrest 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.10967 of 2025 Date: 03.09.2025 SS