A3. Asham Rajesh Yadav v. State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT

HYDERABAD THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.15895 of 2025 DATE: 09.12.2025 Between:

Asham Rajesh Yadav .... Petitioner/Accused No.3 AND The State of Telangana, Rep. by its Public Prosecutor, High Court at Hyderabad and another .... Respondents

O R D E R

This Criminal Petition is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS) by the petitioner, who are arrayed as accused No.3, in the event of their arrest in connection with FIR No.862 of 2024 of Keesara Police Station, Rachakonda Commissionerate, registered for the offences punishable under Sections 419, 420, 467, 468 and 471 r/w 34 of the IPC and Sections 61(1) and 111 r/w 3(5) of the BNS and Section 82 of the Registration Act.

2.

The brief facts of the case are that, on 02.11.2024, the defacto complainant lodged a report before the police stating that her husband had purchased the plot No.78 in the year 1989 and her husband died and son died in the year 2004 and without her notice, the documents were created and subsequently, the purchasers came to the property and when she visited the said property, she came to know of this created documents. Hence, she requested for necessary action. Basing on the said complaint, the police registered a case for the above said offences.

3.

Heard Sri J. Naresh Kumar, learned counsel for the petitioner as well as Sri Arun Kumar Doddla, learned Additional Public Prosecutor appearing on behalf of the respondent- State. 4.

The contention of the petitioner is that the petitioner is innocent of the said allegations and was falsely implicated in the case, though there is no name mentioned by the de-facto complainant in her complaint and other accused are produced before the trial Court and they were remanded to the judicial custody and as the names of the petitioner is not mentioned in the complaint, Section 467 of the IPC and Section 111 of the BNS are not attracted to the present case. Therefore, he prayed the Court to grant anticipatory bail to the petitioner.

5.

On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner stating that the petitioner along with other accused fabricated false death certificate and showed the false identification certificate, as such, the custodial interrogation of the petitioner are required for investigation and prayed the Court to dismiss the criminal petition.

6.

In the light of the submissions made by both the learned counsel and upon perusal of the material available on record, it appears that the petitioner herein is accused No.3 and records shows that the petitioner herein along with other accused are in conspiracy created the false death certificate and forged documents, whereas, there are no other documents and the petitioner herein is not involved in any other crime and there is no previous criminal history to attract the offence punishable under Section 111 of the BNS. Considering the facts and circumstances of the case and the crime is of the year 2024 and also the investigation is only on the documentary evidence, this Court deems it fit 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, Keesara Police Station,

Rachakonda Commissionerate, 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 petitioner/accused No.3 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 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.

7.

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

_______________ K. SUJANA, J Date: 09.12.2025 SS

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.15895 of 2025 Date: 09.12.2025 SS