Kandula Ashok Gupta, v. The State Of Telangana,
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.11372 OF 2025 ORDER:
This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') by the petitioners/A.3 and A.4 seeking anticipatory bail in the event of their arrest in connection with Crime No.142 of 2025 of Golconda Police Station, Hyderabad. The offences alleged against the petitioners are under Sections 318 (4), 336 (3), 340(2), 239(3), 324(5) r/w.136 and 137 of Bharatiya Nyaya Sanhita, 2023. 2.
The case of the prosecution is that the defacto complainant lodged a report before police on 24.06.2025 stating that he is the grandson of late Pukhraj Jain and during his life time, he purchased the land admeasuring Ac.11.32 guntas in Sy.No.317 of Shaikpet Village, Golconda, Hyderabad and the property belongs to his grandfather, whereas, recently, he came to know that some persons grabbed the said land by forging the signature of his grandfather. As such, requested the police to take necessary action against the accused. Basing on the same, the police registered the case against the accused for the said offences. The allegations against these petitioners are that they are also involved in the said forgery as such, they are implicated in the present case.
3.
Heard Sri D. Jagadishwar Rao, learned counsel for the petitioners and Sri D.Arun Kumar, learned Additional Public Prosecutor appearing for the respondent-state. 4.
The contention of learned counsel for the petitioners is that the grandfather of complainant already sold property to A.1 and A.2 by way of agreement of sale and basing on the same, they created plots in the said land and 100 plots were sold to several persons and after 20 years of execution of agreement of sale, the present complaint is filed by the complainant only to harass the petitioners and to extract money from them. The petitioners herein are no way connected with the said forgery and they are subsequent purchasers from A.1 and A.2, as such, forgery is not attracted to the petitioners herein. A.1 and A.2 are residing in U.S.A, as such requested this Court to grant bail to the petitioners. 5.
On the other hand, learned Additional Public Prosecutor opposed bail on the ground that the allegations against the petitioners are serious in nature as such, they are not entitled for bail and prayed to dismiss this petition 6.
Considering the submissions made by the respective counsel and the material placed on record, the petitioners herein are A.3 and A.4 and the allegations against them are that they also
conspired with A.1 and A.2 in forging the document, whereas, the document which is alleged to be forged is of the year 1994 and these petitioners are subsequent purchasers. As the allegations are that the documents are forged, the custodial interrogation of the petitioners is not necessary. As such, this Court deems it appropriate to grant pre-arrest bail, to the petitioners subject to the following conditions :
i.
The petitioners/A.3 and A.4 shall surrender before the Station House Officer, Golconda Police Station, Hyderabad, within two weeks from today, and on such surrender, the said Station House Officer shall release the petitioners on bail on their executing a personal bond for Rs.25,000/- each with two sureties, for the like sum each.
ii.
The petitioners/A.3 and A.4 shall appear before the concerned SHO at 11:00 a.m., on every Wednesday for a period of eight (8) weeks, for the purpose of investigation and thereafter, as and when required.
iii.
The petitioners/A.3 and A.4 shall abide by the other conditions stipulated in Section 482(2) of BNSS and co-operate with the Investigating Officer in investigating the case.
7.
Accordingly, the Criminal Petition is allowed. Miscellaneous applications, if any pending, shall stand closed.
_______________ K. SUJANA, J Date: 10.09.2025 Rds
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION Nos.11372 OF 2025 Date: 10.09.2025 Rds