CRLP/13998/2026 of Muddam Bhanu Prakash, Vs State of Telangana on 10 September 2026

COMMON ORDER:

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

2. The petitioners are arrayed as Accused Nos.1 to 3, 6 and 5 in Crime No738 of 2026 on the file of the Keesara Police Station, Medchal-Malkajgiri District, registered for the offences punishable under Sections 85, 109 read with 3(5) and Section 64 read with 62 of the Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS’) and Sections 3 and 4 and Dowry Prohibition Act, 1961.

3. Since the petitioners are accused in the same crime and seek analogous relief, both Criminal Petitions were heard together and are being disposed of by this common order.

4. Heard Mr.J.Dheeraj Reddy, learned Counsel for the petitioners/accused Nos.1 to in Crl.P.No.13998 of 2026, Mr.Naraparaju Avaneesh, learned counsel for the petitioners/accused Nos.6 and 5 in Crl.P.No.14024 of 2026 and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor, representing the respondent- State.

5.1. The prosecution case, in brief, is that the de facto complainant married accused No.1 and was thereafter subjected to continuous physical, mental and verbal cruelty by her husband, parents-in-law and brother-in-law/accused. It is alleged that the accused suspected her character, assaulted and wrongfully confined, threatened to kill, and blackmailed her by threatening to circulate alleged her nude photographs and videos. They allegedly demanded additional dowry over and above the dowry received at the time of marriage and, in pursuance thereof, assaulted and abused her for not meeting their demands. She was also allegedly assaulted during pregnancy, causing mental and physical trauma, following which she trespassed into her parental house on two occasions.

5.2. It is further alleged that her husband, along with two others, trespassed into her parental house, assaulted and threatened her, forcibly took away her mobile phone, and deleted voice recordings containing evidence of the alleged abuse. Basing on her representation, a crime came to be registered.

6. Learned counsel for the petitioners submits that the petitioners/accused Nos.1 to 3, along with accused No.4, had earlier sought anticipatory bail, by which time the Investigating Agency had invoked Section 85 read with Section 3(5) of the BNS and Sections 3 and 4 of the Dowry Prohibition Act, 1961( for short, ‘DP Act’). By order dated 13.08.2026, this Court, noting that all the offences were punishable with imprisonment of less than seven years and that the prosecution had not stated any reason for not issuing notice under Section 35(3) of the BNSS, directed the Investigating Agency to serve such notice. However, one of the petitioners/accused No.4 was arrested on 19.08.2026 on the ground that the alleged section of law had been added, thereby preventing the petitioners from availing the benefit of the earlier order. It is further submitted that the allegation that accused No.1, along with accused Nos.5 and 6, trespassed into the de facto complainant's house and threatened her with dire consequences is an improvement over the complaint, and that no injury or other overt act has been attributed to accused Nos.5 and 6. How so ever the petitioners are willing to co-operate with the investigation and abide be any conditions imposed by the court. In the circumstance as they are apprehending arrest and coercive action by the police, prayed for granting anticipatory bail.

7. Learned Additional Public Prosecutor opposed the petition, submitting that specific allegations are made against the petitioners and that the investigation is still pending. He further submits that, as stated in the counter, the section of law was altered on 23.07.2026 by filing a memo before the Court concerned. It is also submitted that the petitioners, particularly accused Nos.1 to 3, are not cooperating with the investigation and have failed to furnish the required information and material facts despite being questioned by the Investigating Officer. As the petitioners presence may be required for custodial interrogation for effective investigation, learned Additional Public Prosecutor prayed for dismissal of the petition.

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

9. The allegations against the petitioners relating to cruelty and the offences under the Dowry Prohibition Act had already been considered by this Court in its earlier order dated 13.08.2026. Though the Investigating Agency states that the sections of law were altered on 23.07.2026, the said alteration was not brought to the notice of this Court when the earlier petition was considered. Therefore, the alteration of the sections of law constitutes a subsequent circumstance warranting a different view.

10. The counter also discloses that, while the prosecution alleges that accused Nos.1 to 3 have not furnished the required information and are not cooperating with the investigation, the very assertion that they have been questioned indicates that they have been available for investigation. Further, no material has been placed before this Court to establish that the petitioners have deliberately evaded the investigation or that their custodial interrogation is indispensable for its effective completion.

11. Having regard to the nature and gravity of the allegations, the role attributed to the petitioners, their willingness to cooperate with the investigation, the fact that the alteration of the sections was already within the knowledge of this Court, and the absence of any convincing circumstance demonstrating the necessity of custodial interrogation, this Court is of the considered view that the petitioners have made out a case for protection from arrest, subject to their continued cooperation with the investigation and compliance with the conditions imposed herein.

12. Accordingly, the petitions of the Accused Nos. 1,2,3,5 and 6 for grant of anticipatory bail are allowed, subject to following conditions. (A) The petitioners/Accused Nos.1 to 3, 6 and 5 shall surrender before the Station House Officer, Keesara Police Station, Medchal-Malkajgiri District, on or before 25.09.2026. Upon such surrender or in the event of arrest the Station House Officer shall release them on bail on execution of a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties for a like sum each, to the satisfaction of the said officer. (B) The petitioners shall appear before the Investigating officer on every Saturday between 10.00AM to 03.00PM, for a period of eight (08) weeks from the date of their release on bail or until the filing of the final result, whichever is earlier. (C) The petitioners shall remain available for investigation as and when required by the Investigating Officer and shall cooperate fully with the investigation.

(D) The petitioners shall furnish their complete residential address and contact details to the Investigating Officer and shall keep the same updated throughout the course of investigation. (E) The petitioners shall not either directly or indirectly induce, threaten, influence, or contact any prosecution witness, nor shall they tamper with the prosecution evidence in any manner whatsoever. (F) The petitioners 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 petitioners liable to appropriate proceedings before the court below, including cancellation of bail, in accordance with the provisions of the BNSS and other applicable law.

13. 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: 10.09.2026 mmr

THE HONOURABLE SRI JUSTICE N.TUKARAMJI

CRIMINAL PETITION Nos.13998 and 14024 OF 2026

DATE: 10.09.2026

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