Nidamarti Raj Tarun v. The State Of Telangana
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION Nos.11373, 11378 AND 11380 OF 2025 COMMON ORDER:
These three Criminal Petitions are filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') by the petitioners in the respective petitions seeking anticipatory bail in the event of their arrest in connection with Crime No.1663 of 2025 of Narsingi Police Station, Cyberabad Commissionerate. The petitioner in Crl.P.No.11373 is A.4, petitioner in Crl.P.No.11378 of 2025 is A.3 and the petitioner in Crl.P.No.11380 is A.2 in the said crime and the offences alleged against them are under Sections 109, 329(4), 325, 303(2) r/w.Section 3(5) of Bharatiya Nyaya Sanhita, 2023.
2.
The case of the prosecution is that the defacto complainant is the wife of A.2, lodged a report before police on 26.08.2025 stating that she has been residing at her matrimonial home for the past five years after purchasing the same along with her husband in the year 2016. In March, 2024 due to some personal differences, her husband vacated the house by taking all his belongings and shifted to Madhapur. Subsequently, in July 2024 she lodged a complaint against him at Narsingi Police Station and
since then she has been residing alone in the said house by pursuing legal battles and her husband started harassing her by sending associates and goons who attacked her on three different occasions and each time she was cruelly assaulted, dragged out of the house and beaten with belts and glass bottles, looted the gold ornaments which she was wearing and even killed her pet dogs. The complainant specifically named A.2 to A.4 along with others responsible for the said incident and requested the police to take necessary action against the accused. Basing on the said complaint, the police registered the case against the accused for the above offences.
3.
Heard Sri B. Balaiah, learned counsel for the petitioners in all the three criminal petitions 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 A.4 purchased the villa from A.2 in January 2025 and he is in possession of the said house and complainant is not in possession of the said house. He further submitted that a suit is filed by the complainant against the said property and it is pending before the civil Court. A.2 and A.4 are the defendants in the said suit and no interim order was granted by the civil Court in favour of complainant. As the complainant is not residing in the said house,
attacking her and vacating the complainant does not arise and it is a false case filed by the complainant against the petitioners. As such, prayed this Court to grant anticipatory bail to the petitioners.
5.
On the other hand, learned Additional Public Prosecutor filed counter and opposed bail stating that there are serious allegations against these petitioners and that investigation is still at initial stage and collecting of evidence. He also filed injury certificate along with the counter. As such, prayed this Court to dismiss these criminal petitions.
6.
Considering the submissions made by the respective counsel and the material placed on record, the main allegation of the complainant is that she was dispossessed from the house by assaulting her and her parents and also looted her gold ornaments, whereas the contention of petitioners is that complainant is not in the house. As seen from the statements recorded by the investigating officer, it is seen that there is injunction order granted in favor of complainant by the civil Court and according to learned Additional Public Prosecutor no such document is filed before the investigating officer. Further the injury certificate dated 08.09.2025 shows that the injuries as simple in nature. As such, considering the facts and circumstances of the case, this Court
deems it appropriate to grant pre-arrest bail, to the petitioners subject to the following conditions :
i.
The petitioners/A. 2 to A.4 shall surrender before the Station House Officer, Narsingi Police Station, Cyberabad Commissionerate, 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.2 to 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.2 to 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, Crl.P.Nos.11373, 11378 and 11380 of 2025 are 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.11373, 11378 AND 11380 OF 2025 Date: 10.09.2025 Rds