Kothapally Yadaiah, v. The State Of Telangana

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.15269 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, who are arrayed as accused Nos.2 and 3 in Crime No.215 of 2025 before the Chengomul Police Station, Vikarabad District. 2.

The brief facts of the case are that the de facto complainant lodged a report before the Police stating that the accused, an ex-Sarpanch named Abdul Kareem, had taken advantage of her and her husband, who were illiterate, and forcibly obtained their signatures on documents by threatening them. She stated that the accused intoxicated her husband, coerced both of them into signing papers under the pretext of loan renewal, and later discovered that their land had been transferred to the accused's name.

3.

Heard Sri N. Krishna Sumanth, learned counsel appearing on behalf of the petitioners as well as Sri D. Arun

Kumar, learned Additional Public Prosecutor appearing on behalf of the respondent - State.

4.

Learned counsel for the petitioners submitted that the petitioners were merely attesting witnesses who signed the sale deed in good faith at the instruction of the husband of the de facto complainant and had no involvement in the alleged offence and that even assuming the allegations to be true, no specific overt acts were attributed to the petitioners, and the entire accusation was directed only against Accused No.1. He further submitted that the petitioners had no personal interest in the transaction, were innocent, and had been falsely implicated due to local political rivalry. Therefore, he prayed the Court to grant pre-arrest bail to the petitioners by allowing this criminal petition.

5.

On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioners stating that the allegations leveled against the petitioners are serious in nature. Further, the investigation was not yet completed. At this stage, granting of pre-arrest

bail to the petitioners does not arise. Therefore, he prayed the Court to dismiss the criminal petition.

6.

In light of the submissions made by both learned counsel and upon a perusal of the material available on record, it appears that the petitioners are arrayed as accused Nos. 2 and 3. According to the de facto complainant, the petitioners signed as attesting witnesses to the registered documents allegedly obtained by accused No. 1. Further, there are no other allegations against the petitioners. As seen from the record, the main allegations are against accused No.1. Considering the facts and circumstances of the case, this Court deems it fit to grant pre-arrest bail to the petitioners, subject to the following conditions: i.

The petitioners shall surrender before the Station House Officer, Chengomul Police Station, Vikarabad District, within two weeks from today, and on such surrender, the said Station House Officer shall release them on bail on executing a personal bond for Rs.25,000/-, each, with two sureties, for the like sum each.

ii.

The petitioners shall abide by the other conditions stipulated in Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023 and co-operate with the Investigating Officer in investigating the case.

iii.

The petitioners 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: 24.11.2025 SAI

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.15269 of 2025 Date: 24.11.2025 SAI