CRLP/15425/2026 of MekalaMallanna Vs The State of Telangana on 30 September 2026

ORDER:

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’), seeking the relief of pre-arrest bail.

2. The petitioner is arrayed as accused No.8 in Crime No.604 of 2026 on the file of the Mavala Police Station, Adilabad District, facing accusations under Sections 420, 467, 468 and 471 read with 34 of the Indian Penal Code, 1860 and Section 308(5) of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’).

3. Heard Mr.S.Surender Reddy, learned Counsel for the petitioner, and Mr.Syed Yasar Mamoon, learned Assistant Public Prosecutor, representing the respondent-State.

4. The prosecution case, in brief, is that the de facto complainant is the owner and possessor of the disputed house plot, who lodged a report alleging that accused Nos.1 to 5 have created forged documents in respect of the property and initially threatened and intimidated him and demanded money. Therefore, the same caused mental distress and the report came to be registered as a crime.

5. Learned counsel for the petitioner submits that the petitioner has not in any way been involved in the offences and has been falsely implicated in the offence based on the alleged confessional statement of accused No.5. That apart, the allegation is that the complainant had sent Rs.10,000/- to the PhonePe account of the petitioner, which was distributed among all the accused. There is also no material except such allegation demonstrating that the complainant had involved the petitioner in other transactions. The complainant, neither in the complaint nor in his statement, has mentioned the name of the petitioner, much less any overt acts. Further, it is stated that the prosecution material is neither making out any of the essential ingredients of the alleged offences, namely, cheating, dishonest inducement, forgery of valuable security, forgery for the purpose of cheating, use of the document or extortion. In the absence of any other material except the statement of the co-accused and the alleged transfer of money implicating the petitioner, the common intention is not a valid basis for implicating the petitioner. The petitioner has no criminal antecedents and the allegations against him are motivated. As per the prosecution, accused Nos.1, 5, 6 and 7 were arrested and also released on bail. The petitioner is a permanent resident of Adilabad and is ready and willing to cooperate with the investigation and abide by any of the conditions that may be imposed. Thus, he prays for granting of anticipatory bail.

6. Learned Additional Public Prosecutor opposed the bail application and pleaded that, as per the materials collected during the investigation, the petitioner was involved in the offences along with the other accused. He pleads that the investigation is with regard to the accused having created fabricated documents in respect of the complainant's land property and by using such documents, initially got the property mutated/transferred in his name. Thereafter, a sale deed was executed in favour of accused No.2, thereafter in favour of accused No.3 and again in the names of accused Nos.4 and 5. It is specifically pleaded that the petitioner and other accused Nos.6 and 7 have assisted the other accused in the commission of the offences, though specific overt acts are mentioned against the other accused. However, it is specifically pleaded that the amount of Rs.10,000/- transferred by the complainant due to the threats of the accused was sent to the PhonePe account of the petitioner and that the amount was shared among the accused persons. Further, it is pleaded that the petitioner's presence may be required for custodial interrogation for effective investigation. Thus, he prayed for dismissal of the petition.

7. I have carefully considered the rival submissions and perused the materials on record.

8. The allegation against the petitioner is that he had assisted the other accused in the commission of the offences, thereby sharing common intention. The prosecution relying on a transfer of Rs.10,000/- to the PhonePe account of the petitioner. It is pertinent to note that the complainant, in the police report as well as in his statement before the police, has referred to accused Nos.1 to 5 and their acts of creating fabricated documents and threatening him for money. However, the amount stated to have been given, i.e., Rs.10,000/-, was sent to the account of the petitioner as per the prosecution. This aspect has not been referred to by the complainant elsewhere. Whether the petitioner had shared common intention, whether the amount was deliberately sent to his account, whether that amount was shared among the accused and whether any amount was received by the petitioner are all aspects to be considered during the investigation. At this stage, undertaking a mechanical examination of these aspects and entering into the record any definitive findings on disputed questions of fact would be premature.

9. However, upon careful consideration of the materials placed before this Court, as well as the version given by the de facto complainant, except for the transfer of the amount, even in the statement of the co- accused, there is no specific overt act attributed to the petitioner other than the transfer of money. Considering the petitioner’s willingness to cooperate with the investigation and in the absence of any ground making out a genuine requirement for custodial interrogation of the petitioner, this Court is of the considered view that the prayer of the petitioner for extending the benefit of anticipatory bail is found acceptable. However, the interest of the prosecution can be secured by imposing appropriate conditions.

10. Accordingly, this Criminal Petition is allowed, subject to following conditions. (A) The petitioner/accused shall surrender before the Station House Officer, Mavala Police Station, Adilabad District, on or before 15.10.2026. Upon such surrender or in the event of arrest the Station House Officer shall release him on bail on execution of a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for a like sum each, to the satisfaction of the said officer. (B) The petitioner shall appear before the Investigating officer on every Tuesday and Wednesday between 10.00AM to 03.00PM, for a period of twelve (12) weeks from the date of his release on bail or until the filing of the final result, whichever is earlier. (C) The petitioner shall remain available for investigation as and when required by the Investigating Officer and shall cooperate fully with the investigation.

(D) The petitioner shall furnish his complete residential address and contact details to the Investigating Officer and shall keep the same updated throughout the course of investigation. (E) The petitioner shall not either directly or indirectly induce, threaten, influence, or contact any prosecution witness, nor shall he tamper with the prosecution evidence in any manner whatsoever. (F) The petitioner shall strictly comply with all the conditions contemplated under Section 482(2) of the BNSS. (G) Any wilful breach or violation of any of the aforesaid conditions shall render the petitioner liable to appropriate proceedings before the court below, including cancellation of bail, in accordance with the provisions of the BNSS and other applicable law.

11. It is made clear that any observations made herein are confined solely to the adjudication of the present application for anticipatory bail and shall not be construed as an expression on the merits of the case. Miscellaneous applications, if any pending, shall stand closed.

_________________ N.TUKARAMJI, J Date: 30.09.2026 ssm

THE HONOURABLE SRI JUSTICE N.TUKARAMJI

CRIMINAL PETITION No.15425 OF 2026

DATE: 30.09.2026

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