CRLP/16025/2026 of Sanjay Xettri Vs The State of Telangana, on 7 October 2026

ORDER

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 on bail who is arrayed as accused No.1 in connection with Crime No.862 of 2025 of P.S. Banjara Hills, Hyderabad. The offences alleged against the petitioner-A1 are punishable under Sections 109(1), 115(2), 74, 329(4) r/w 3(5) of the Bharatiya Nyaya Sanhita Act, 2023 (for short ‘BNS’).

2. Heard Sri Md.Ahmed, learned counsel for the petitioner- A1 and Sri D.Arun Kumar, learned Additional Public Prosecutor for respondent - State.

3. Learned Counsel for the petitioner submits that uncontroverted allegations made against the petitioner-A1 in the FIR do not disclose the commission of any offence. De facto complainant has lodged a false complaint only to rope the petitioner-A1 in the case. Petitioner-A1 was arrested on 06.08.2026 and remanded to judicial custody since then. A3 to A5 were enlarged on bail by the trial Court on 20.01.2026, entire investigation is completed and prayed to enlarge the petitioner-A1 on bail.

4. Learned Additional Public Prosecutor has filed written instructions of Sub-Inspector of Police, Banjara Hills, Hyderabad City and contended that the role played by the petitioner-A1 is depicted in the remand case diary.

5. Kamal Rawat has lodged a report before P.S. Banjara Hills on 21.10.2025. It is stated in the complaint that on the above said date at about 2.00 A.M. while he was at his residence, a person by name Sanjay Chetri and another person by name Chetan Jung Thokrey who are from his native village came to his house along with three unknown persons. On that night, Sanjay, Chetan and his associates knocked the door, when he opened it, they asked him about his brother Bhima Guda. Suddenly, Sanjay, Chetan and his three other companions pushed the door, entered the house, started hitting them. Sanjay hit him with a knife on his head which caused injury, they hit his wife on her chest and cheek and also hit his brother Purna Budha in the incident. Basing on the said complaint, FIR came to be registered.

6. A3, A4 and A5 were arrested on 22.10.2025 and were produced before the concerned Magistrate.

7. Learned counsel for the petitioner-A1 submits that A3, A4 and A5 were enlarged on bail by the trial Court on 20.01.2026. Petitioner-A1 was arrested on 06.08.2026 and he was produced before the concerned Magistrate on the above said date for remand, since then he is in judicial custody. Remand Case Diary of the petitioner-A1 goes to show that A2-Chetan is still absconding.

8. Respondent-State has already examined 16 witnesses in support of the prosecution case.

9. Learned Additional Public Prosecutor has filed Medico Legal Record of Komal Rao and Reeta Rao. In the Medico Legal Record of Komal Rao, it is stated that “knife laceration over head – 2 x 0.5 x 0.5 cms”. Medico Legal Record of Reeta Rao shows that “No invisible external injuries”.

10. Remand Case Diary goes to show that major portion of the investigation is completed, detaining the petitioner-A1 further in judicial custody will not serve the purpose. Moreover, the medical record of Reeta Rao goes to show that she received simple injury, hence, the petitioner-A1 is entitled to be enlarged on bail.

12. This Court is conscious of the fact that the petitioner-A1 is native of Karnataka State, hence ordering local sureties will meet the ends of justice.

17. Accordingly, petition is allowed subject to the following conditions: i. The petitioner-A1 shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two local sureties for a like sum each to the satisfaction of the learned III Addl. Chief Judicial Magistrate at Nampally, Hyderabad City.

ii. The petitioner-A1 shall appear before the concerned SHO in between 10:00 a.m. and 5:00 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-A1 shall abide by the conditions stipulated in Section 437(3) of Cr.P.C. (presently, Section 480(3) of the BNSS).

iv. The petitioner-A1 shall not directly or indirectly influence, threaten, or induce any of the prosecution witnesses.

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.

Miscellaneous applications, if any pending, shall stand closed.

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B.R.MADHUSUDHAN RAO, J 7th October, 2026

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THE HON’BLE JUSTICE B.R.MADHUSUDHAN RAO

CRIMINAL PETITION No.16025 of 2026

(CNR No.HBHC010675082026)

DATED: 7th OCTOBER, 2026

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