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High Court for State of TelanganaCRLP/17900/2025allowed no costs

Banoth Krishna, v. The State Of Telangana

2026-01-06K. Sujana6 pages

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT

HYDERABAD THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.17900 of 2025 DATE: 06.01.2026 Between:

Banoth Krishna and another .... Petitioners/accused Nos.1 and 2 AND The State of Telangana, Rep. by its Public Prosecutor, High Court at Hyderabad.

.... Respondent 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.1 and 2 in Crime No.451 of 2025 of Khammam III Town Police Station, Khammam District, registered for the offences punishable under Sections 132, 296(b), 351(2) of the BNS.

2.

The case of the prosecution is that, on 26.11.2025, the de-facto complainant, who is the Tahsildar, lodged a report before the police stating that accused Nos.1 and 2 went to the Khammam Rural MRO office and shouted on the complainant and subordinates and abused them and threatened with dire consequences and also obstructed their legitimate duties alleging that as to why removed fencing in the land located at Edulapuram, Khammam Rural Mandal, which was occupied by him. Basing on the said complainant, the police registered a case for the above said offences.

3.

Heard Sri C. Sharan Reddy, 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 all the other offences are punishable below seven years and earlier the petitioners alleged to be served with 41-A notice, thereafter, as no notice is served by the concerned authorities, they filed an anticipatory bail in the trial Court, wherein the prosecution has filed counter stating that inspite of serving the notice, they have not appeared before the investigating

authority, as such, opposed the bail and basing on the same, the trial Court had dismissed the bail petition and in fact, the petitioners are innocent of the said allegations. It is further submitted that the petitioners herein filed W.P.No.29456 of 2025 and the same was disposed of on 25.09.2025 directing the respondents to follow due process of law and inspite of the same, the concerned revenue authorities tried to resume the land and even according to the allegations, after completion of the work of the revenue authorities, the petitioners are trying to obstruct the official while they are in office and 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 learned counsel for petitioners stating that petitioner/accused No.1 is involved in similar cases and inspite of serving 41-A notice, the petitioners have not cooperated with the investigating authority, as such, they are not entitled for any relief. Therefore, he prayed the Court to dismiss the Criminal Petition.

6.

In the light of the submissions made by both the learned counsel and on a perusal of the material available on record, the allegations against the petitioners are that they have obstructed the officials while they are in their office and record shows that the petitioners herein approached this Court by filing Writ Petition vide W.P.No.29456 of 2025, wherein this Court had suspended the notice issued by the concerned authority and all the offences are punishable below seven years. 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, Khammam III Town Police Station, Khammam 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/-, 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., for a period of 8 weeks or till the filing of the charge sheet, whichever is earlier, 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: 06.01.2026 TU

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.17900 of 2025 Date: 06.01.2026 TU