Naijo Sebastian v. The State Of Telangana,Through P.S.Utnoor, Adilabad

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT

HYDERABAD THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No. 15393 of 2025 DATE: 03.12.2025 Between:

Naijo Sebastian and 3 others .... Petitioners/ Accused Nos.1 to 4 AND The State of Telangana, Rep. by its Public Prosecutor, High Court at Hyderabad Through P.S. Utnoor, Adilabad.

.... Respondent/ Complainant

O R D E R

The Criminal Petition is filed under Section 482 of BNSS praying this Court to grant pre-arrest bail to the petitioners who arrayed as accused Nos.1 to 4 in Crime No.324 of 2025 before the Utnoor Police Station, Adilabad District, registered for the offences punishable under Sections 336, 338, 339, 61,

309, 351(2), 354 read with 3(5) of BNS and Section 175(2) of BNSS.

2.

The brief facts of the case are that, on 13.10.2025, the de-facto complainant lodged a private complaint before the concerned Court stating that on 21.06.2025, the Accused Nos.1 to 4 went to the residence of Complainant and produced a false and forged audit report, falsely alleging that the Complainant and the founder of school had committed financial fraud of Rs.1.34 Crores and demanded payment of Rs.1.00 Crore from the Complainant, threatening that otherwise the Accused Nos.l to 4 would defame the Complainant and founder of school and initiate false cases. Thereafter in the month of July, 2025, the Accused Nos.1 to 4 replying on the forged report, submitted a false petition before Police and further caused an Atrocity Petition to be filed through Accused No.

4 with malicious intent to harass and pressurize the Complainant and his elder brother the founder of the school. That the alleged audit report was prepared by forging the signature and firm seal of Chartered Accountant Ms.Meghana , where the CA has given a written confirmation that her signature and stamp were forged.

filed a petition against the Accused No. 1 & 3. Hence, requested the police for necessary action. Based on this complaint, the police registered a case against the accused for the alleged offences.

3.

Heard Sri VSRMV Prasad Sanaka, learned counsel for petitioners, and Sri D. Arun Kumar, learned Additional Public Prosecutor appearing for respondent - State.

4.

Learned counsel for the petitioners submitted that the petitioners were innocent of the allegations and that accused Nos.3 and 4 were in no way connected with Little Flower School, while Accused No.1 was the Principal of the educational society and Accused No. 2, his wife, was a teacher in the same society. In fact, the de‐facto complainant had committed financial forgery by failing to submit the audit report for the last twelve years. Consequently, the petitioners filed a report before the concerned authorities, and the complainant had given an undertaking that the matter would be sent for forensic examination, admitting liability for the same, clearly demonstrated that there was no fault on the part of the petitioners. He further submitted that the investigation was still pending and relied solely upon documentary

evidence. Hence, custodial interrogation of the petitioners is not necessary, therefore, he prayed the Court to grant anticipatory bail to the petitioners by allowing this criminal petition.

5.

On the other hand, the learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioners, contending that the allegations against the petitioner are serious in nature including Section 338 of BNS, which requires custodial interrogation of the petitioners was necessary for effective investigation. Hence, he prayed that the Court dismiss the criminal petition. 6.

Having regard to the rival submissions and upon perusal of the material placed on record, it is noted that Accused Nos.3 and 4 were in no way connected with the alleged society. Accused No.3 was a Government Teacher, and Accused No. 4 was his wife. Accused No. 1 was the Principal of the said society, and Accused No. 2, his wife, was a teacher therein. The previous complaint filed by the petitioners indicated that the financial audit of the society had not been properly conducted due to the acts of the de‐facto complainant, who was the General Secretary of the society,

and who had filed an audit report covering the last twelve years. Considering the allegations against both the petitioners and the de‐facto complainant, and though there were accusations of fabrication and false statements, the investigation was primarily based on documentary evidence. In such circumstances, this Court was of the considered opinion that custodial interrogation of the petitioners was not warranted and deemed it appropriate to grant pre‐arrest bail to the petitioners, subject to compliance with the following conditions:

i.

The petitioners shall surrender before the Station House Officer, Utnoor Police Station, Adilabad District within two weeks from today, and on such surrender, the said Station House Officer shall release petitioners on bail, on their executing a personal bond for Rs.25,000/- (Rupees Twenty Five Thousand only), 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, and co-operate with the

Investigating Officer in investigating the case.

iii.

The petitioners shall appear before the concerned Investigating Officer on every Wednesday 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: 03.12.2025 SS

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.15393 of 2025 Date: 03.12.2025 ss