CRLP/16476/2026 of Burra Raj Kumar Vs The State of Telangana on 12 October 2026

O R D E R

1. This Criminal Petition is filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) praying this Court to enlarge the petitioner – Accused No.1 on bail in connection with Crime No.115 of 2026 of Warasiguda Police Station, Hyderabad. The offence alleged against the petitioner is punishable under Sections 74, 75, 79, 109, 115(2), 127, 333, 296, 351(3) read with 3(5), 45 and 62 of the BNS, 2023.

2. Heard Sri B.Manav Kumar, learned counsel for petitioner – Accused No.1 and Sri D. Arun Kumar, learned Additional Public Prosecutor, appearing for respondent – State.

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3. Learned counsel for the petitioner submits that on reading of the FIR, it reveals that there was no lethal weapon, no premediated conspiracy and no intention or attempt to cause death. Adding Section 109 of the BNS is a gross exaggeration and abuse of process, inserted solely to deprive the petitioner-accused No.1 bail. LW-10 who examined the de- facto complainant categorically opined that the injuries sustained are “Simple in nature”. De-facto complainant has several matrimonial issues with her husband as evidenced by Crime No.123 of 2026 which is registered for the offences under Section 85 of the BNS. Petitioner-accused No.1 is arrested and remanded to judicial custody on 22.08.2026, since then he is in jail. Entire investigation is completed and prayed to enlarge the petitioner-accused No.1 on bail.

4. Notice got issued to de-facto complainant is served, proof is filed to that effect.

5. Learned Additional Public Prosecutor submits that the role played by the petitioner-accused No.1 is depicted in the remand case diary.

6. It is to be noted here that Shamugam Sindhu has lodged a report before the Warasiguda Police Station on 02.04.2026. It is stated in the complaint that at 16:30 hours,

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Uma Maheswari (de-facto complainant in the present case) called her and abused her by saying “Madiga Lanja, Chillar Dana, because of her husband Uma Maheswari husband getting spoiled”. Basing on the said complaint, FIR No.114 of 2026 came to be registered under different Sections of BNS and SC ST POA Act.

7. Uma Maheswari has lodged a report before Warasiguda Police Station on 02.04.2026 at 18.00 hrs., stating that on the above said date at 12:56 hours, when she called S.Sindhu and asked her why she is threatening her husband then she said that “if you have the guts come to her house and talk and tell the police to pluck the hairs of her feet”, she threatened and abused her with foul language saying that “You Besta whore, were these children were born to her husband, a DNA test must be done. Basing on the said complaint, FIR came to be registered against petitioner-accused No.1 and accused No.2 S.Sindhu under different Sections of BNS.

8. Petitioner-accused No.1 is arrested and remanded to judicial custody on 22.08.2026, since then he is in jail.

9. It is mentioned in the remand case diary of the petitioner-accused No.1 that accused No.2-S.Sindhu obtained

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anticipatory bail in Crl.M.P.No.8062 of dated 04.06.2026.

10. Remand case diary goes to show that respondent has examined 14 witnesses in support of the case.

11. Case and counter cases are pending between accused No.2 and de-facto complainant. Record goes to show that investigation is at the fag end, detaining the petitioner-A1 further in judicial custody will not serve the purpose. Hence, petitioner-accused No.1 is entitled to be enlarged on bail subject to the following conditions:

i. The petitioner – accused No.1 shall execute a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties for a like sum each to the satisfaction of the learned Court of the X Additional Chief Judicial Magistrate at Secunderabad. ii. The petitioner-A1 shall appear before the concerned SHO between 10 a.m. to 5 p.m., on every Sunday for a period of Eight (8) weeks or till filing of charge sheet whichever is earlier, for the purpose of investigation, and thereafter, as and when required. iii. The petitioner – accused No.1 shall not directly or indirectly influence, threaten,

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or induce any of the prosecution witnesses. iv. The petitioner – accused No.1 shall abide by the conditions stipulated in Section 437(3) of Cr.P.C. (presently, Section 480(3) of the BNSS). v. In the event of violation of any of the above conditions, the prosecution is at liberty to file an application for cancellation of bail.

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

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B.R.MADHUSUDHAN RAO, J Date: 12.10.2026 rsp

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THE HON’BLE SRI JUSTICE B.R.MADHUSUDHAN RAO

CRIMINAL PETITION No.16476 of 2026

Date: 12.10.2026 rsp