Kudukuntla Indiramma v. The State Of Telangana,

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.13889 of 2025 ORDER:

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of pre-arrest bail to the petitioners-accused Nos.3 and 4, in Crime No.155 of 2025 before the Raidurgam Police Station, Cyberabad Commissionerate, registered for the offences punishable under Sections 420, 467, 468 and 471 read with 34 of IPC.

2.

It is brought to the notice of this Court that petitioner No.2, who is arrayed as Accused No.4 in the present case, has already been arrested. In view of the same, the criminal petition filed on behalf of Accused No.4 has become infructuous and is accordingly dismissed as such. 3.

The case of the prosecution is that petitioner-Accused No.3, in collusion with other accused, fabricated forged patta certificates and, relying on the same, obtained building permission and proceeded to construct a building. Upon

verification of the office records of the RDO, it was found that the said patta certificates were not listed among the genuine beneficiaries, prompting a request for legal action.

Consequently, a case was registered under Crime No.155 of 2025 for the alleged offences.

4.

Heard Sri Kothapalli Narasimha Reddy, learned counsel for the petitioner, and Sri Arun Kumar Doddla, learned Additional Public Prosecutor for respondent-State. 5.

The contention of the learned counsel for the petitioner is that the petitioner is innocent and has been falsely implicated in the present case and has not committed any offence as alleged in the complaint. He further submitted that the petitioner is a subsequent purchaser of the property in question, having acquired it from her husband. Her husband, in turn, had purchased the said property from one J. Srinivas in the year 2006. The petitioner had no involvement in any alleged offences prior to her purchase and has acted in good faith throughout. Therefore, requested the Court to grant prearrest bail by allowing the criminal petition.

6.

On the other hand, learned Additional Public Prosecutor vehemently opposed the submissions made by learned counsel for the petitioner stating that the property in question, which is currently in possession of the petitioner and other accused, is based on fabricated patta certificates and that the patta certificates were forged in the year 1993 by individuals namely Ramaswamy, Lakshmi, Bhagyamma, Devamma, and Sulochana. In view of this, the petitioner is also liable for the offence, having derived possession originating from the forged documents and further contended that granting anticipatory bail at this stage would obstruct the investigation and urged the Court to dismiss the criminal petition.

7.

Upon considering the submissions made by both the learned counsel and examining the material available on record, it is noted that the petitioner-accused No.3 has filed documents indicating that she got the property from her husband, who in turn had purchased the same from one J. Srinivas on 13.03.2006. The petitioner claims to be innocent and not involved in the alleged fabrication. The instructions filed by the learned Additional Public Prosecutor reveal that

the disputed patta certificates pertain to the year 1993 and were allegedly forged by individuals named Ramaswamy, Lakshmi, Bhagyamma, Devamma, and Sulochana. The name of the petitioner does not appear in the said list of individuals associated with the fabrication. Considering the submission of the learned counsel for the petitioner that she is a subsequent purchaser of the property, this Court deems it appropriate to grant pre-arrest bail to the petitioner-accused No.3, subject to the following conditions:

i.

The petitioner-accused No.3 shall surrender before the Station House Officer, Raidurgam Police Station, Cyberabad Commissionerate, within two weeks from today, and on such surrender, the said Station House Officer shall release him on bail on executing a personal bond for Rs.25,000/- with two sureties, for the like sum each.

ii.

The petitioner-accused No.3 shall abide by the other conditions stipulated in Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, and co-operate with the

Investigating Officer in investigating the case.

iii.

The petitioner-accused No.3 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.

8.

Accordingly, this Criminal Petition is allowed. Miscellaneous applications, if any pending, shall stand closed.

_______________ K. SUJANA, J Date: 04.11.2025 SS

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.13889 of 2025 Date: 04.11.2025 SS