Smt. Gopu Malathi, v. The State Of Telangana,

. IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.17025 of 2025 DATE : 22.12.2025 Between:

Smt. Gopu Malathi.

...Petitioner/Accused No.2

AND The State of Telangana Represented by its Public Prosecutor, High Court for the State of Telangana, Hyderabad

...Respondent

ORDER:

This Criminal Petition is filed before this Court for grant of pre-arrest bail to the petitioner who is arrayed as accused No.2 in FIR No.148 of 2025 before the Vemulawada Rural Police Station, Rajanna Sircilla District, registered for the offences punishable under Section 61 (2), 126(2), 109(1), 351(2) r/w 49 of the Bharatiya Nyaya Sanhita (for short 'BNS') and Sections 3(2)(v) & 3(2)(va) of the Scheduled Castes and Scheduled Tribes (prevention of Atrocities) Amendment Act, 2015.

2.

The case of the prosecution is that the de-facto complainant, lodged a report before the police on 12.12.2025 stating that, the de-facto complainant contested in Market Committee elections and accused No.2 is contested as ward member and accused No.1 is contested for the Sarpanch post on behalf of the BRS party. Immediately after the announcement of the election results, accused Nos.1 and 2 allegedly intimidated the de-facto complainant stating that they would see his end. Thereafter, accused Nos.3 and 4 allegedly attacked the de-facto complainant, wherein the de-facto complainant sustained bleeding injuries, as such requested the police for taking necessary action. On receipt of the said complaint, the Police registered case against the petitioner for the offences as alleged. Aggrieved thereby, this Criminal Petition is filed seeking anticipatory bail of the petitioner.

3.

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

Learned counsel for the petitioner submitted that the petitioner is innocent of the said allegations except for stating that the petitioner is the wife of accused No.1, there are no such

allegation against the petitioner which would constitute any of the offences mentioned in the remand report. It is further submitted that no specific role is attributed to the petitioner herein with regard to the alleged incident and that the petitioner is ready to cooperate with the investigating authority. Therefore, he prayed the Court to grant pre-arrest bail to the petitioner by allowing this criminal petition. 5.

On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner stating that the petitioner herein has contested as a ward member in Nagaiahpalli village and immediately after the announcement of the election results, the petitioner along with her husband - accused No.1 intimidated the de-facto complainant knowing that the de-facto complainant belongs to the Scheduled caste ('SC') community. At this stage, granting of pre-arrest bail to the petitioner does not arise. Therefore, he prayed the Court to dismiss the criminal petition. 6.

In 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 arrayed as accused No.2 for the alleged offences under Section 61 (2), 126(2), 109(1), 351(2)

r/w 49 of the Bharatiya Nyaya Sanhita (for short 'BNS'. Admittedly, the petitioner herein is not present at the time of alleged offence to attract Section 109 of the BNS and there is no such allegation that the petitioner can conspire with other accused to kill the de-facto complainant. The only allegation against the petitioner is that she along with accused No.1 intimidated de-facto complainant. Considering the facts and circumstances of the case, and also considering the fact that there is no such prima facie allegation to constitute any of the offence under the SC/ST Act, this Court deems it fit to grant pre-arrest bail to the petitioner, subject to compliance of the following conditions:

i.

The petitioner shall surrender before the Station House Officer, Vemulawada Rural Police Station, Rajanna Sircilla, within two weeks from today, and on such surrender, the said Station House Officer shall release him on bail, on petitioner executing a personal bond for Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties, for the like sum each.

ii.

The petitioner 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 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: 22.12.2025 SRK

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.17025 of 2025 Date: 22.12.2025 SRK