Telangana High Court
CRLP/16541/2026 of Jatothu Vasantha Kumar, Vs The State of Telangana, on 7 October 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITION NO: 16541 OF 2026 Between 1. Jatothu Vasantha Kumar, S/o. Jatothu tvlothiram, Aged about 42 years,
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
WEDNESDAY, THE SEVENTH DAY OF OCTOBER
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE J SREENIVAS RAO
CRIMINAL PETITION NO: 16541 OF 2026
Between
1. Jatothu Vasantha Kumar, S/o. Jatothu tvlothiram, Aged about 42 years, Occ.lnspector of Police, R/o.H.No. ,5-39, Tharya Thanda, Ivlacherla Village, Gud u r lVland a l, Ivla habubabad District-506 1 34.
2. Jatothu Pulamma, Wo. lvlothiram, Aged about 63 years, Occ. House wife, R/o.H.No. 5-39, Tharya Thanda, Ivlacherla Village, Gudur Mandal, Mahabubabad D istrict-5061 34.
3. Jatothu trilothrram, S/o. Jatothu Panthulya, Aged about 66 years, Occ. Farmer, R/o H.No 5-39, Tharya Thanda, Macherla Village, Gudur lvlandal.
l\/ahabubabad District506 1 34
...Petitioner's/Accused's No.'t to 3
AND
'I . The State of Telangana, Rep.by it's Public Prosecutor, High Court for the State of Telangana at Hyderabad.
2. Jatothu Sowmya, S/o. Vasantha Kumar, Aged about 34 years, Occ. Housewife, R/o. H.No.5-39, Tharya Thanda, Macherla Village, Gudur lvlandal, Mahabubabad District-506134
. '. Res pondenUDefacto Complainant
Petition under Section 528 of BNSS praying that in the clrcumstances stated in the Ivlemorandum of Grounds ot Criminat Petiiion, th; High Court may be pleased to call for tf'e recorO= pertaining to F.l.R in Cr.No 230 OF 20)6 ' dated 19 08 2026 on the file of PoliceStationGudur,ManabubabadDistrictandquashthesamewithrespecltothe Petttioners/Accused,sNo'ttognerein,byholdingittobeanabuseofprocessoflaw, .ryrE!l!7E.!E!:!!i
l.A. NO: 1 OF 2026
Petition under Sectron 528 of BNSS praying that in the circumstances stated in the lt/emorandum of Grounds of Criminal Petition, the High Court may be pleased to grant Stay of all further proceedings including arrest of petitioners/Accused's No.1 to 3
n F.l.R in Cr.No.230 OF 2026 on the file of Police Station Gudur lVlahabubabad District and pass This Petition comrng on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Srr B Balajr , Advocate for the Petitioner and the Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No.1 .
The Court made the following: ORDER
,-
IN THE HIGH COLIRT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO
CRIMINAL PETITION No.16541 of 2026
CNR No.: IIBHC010690442026
Dzte: 07.10.2026
Between:
Jatothu Vasantha Kumar and two others
Petitioners
AND
The State of Telangana and another.
Respondents
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ORDER
This Criminal Petition has been fi1ed by the petitioners/accused Nos.l to 3 seeking to quash the proceedings in Crime No.230 of 2026 of Gudur Police Station, Mahabubabad District, registered for the offences punishable under Sections 85, 351(2) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') and Sections 3 and 4 of the Dowry Prohibition Act, 1961(for short 'D.P.Act')
2. Heard Mr.B.Balaji, leamed counsel for the petitioners and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No. I 3 . With their consent, the criminal petition is disposed of at the stage of admission.
4. Leamed counsel for the petitioners submits that the petitioners have not .golrunitted the alleged offences and have ,been falsely - impticated in the present case. Even according to the allegations levelled in the cornplaint. the ingredients for the offences under Sections 85, 351(2) r/w 3(5) of the BNS and Sections 3 and 4 of the D.P.A.ct are not attracted against the petitioners. Respondent No.2 implicated all the family members of petitioner No.1 by making orrnibus allegations, esp:cially, at no point of time, respondent No.2 lived a long wit]r petitroners Nos.2 and 3. They never demanded or harassed her for additronal dor,,,ry, as alleged in the complaint. He further subrrutted that the offences levelled against the .petitioners are punishable with irnprisonment of less than seven years. The lnvestigating Officer, without following the mandatory procedure prescribed under Section 35(3) ol the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') and without following the guidelines formulated by the IIcn'ble Suprerqe Court in Arnesh Kumar Vs. State of Biharl - is proceeding fufther in the matter and the same is contrary to law.
5. Per contrtt. leamed Additional Public Prosecutor submitted that there are specific allegations levelled against the petitioners in the complaint about the harassment rnade by them and demand ol additional dowrv. Whether the petitioners have cormitted the offence or not have to bc revealed duling the course of investigation and the petitioners are nct entitled to seek quashing ofthe proceedings at this stage. He furlher (101,1) 8 s(-c 271
To, them, to the Investigating Officer. The Investigating Officer is entitled to follow the procedure contemplated under Section 35(3) of the BNSS and follow the guidelines issued by the Apex Court in Arnesh Kumar (supra).
9. Accordingly, the Crirninal Petition is disposed of. Miscellaneous applications, pending if any, shall stand closed. SD/- B' REKHA RANI ASSISTANT REGISTRAR //TRUE COPY' SECTION OFFICER The Additional Judicial First Ctass l\'4agistrate at Mahabuabad' The Station House Officer Police Station Gudur' t\ilahabubabad District One CC to Sri B Balali Advocate [OPUC] Two CCs to PUBLIC PROSECUTOR High Court for the State of Telangana' at
Hyderabad [OUT]
5. Two CD CoPies BA/GNK
HIGH COURT DATED: 0711012026
ORDER
CRLP.No.16541 of 2026 Si 3 1He l: t o lr \, ., i)\ ./. ;.'" o!) 16 }cT ?ryi .... DISPOSING OF THE CRIMINAL PETITION 1? t5l'101$ il i