Telangana High Court

CRLP/8038/2026 of Mothala Sathyam, Vs The State of Telangana through SHO P.S. Nagarkurnool, on 29 May 2026

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] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE TWENTY NINTH DAY OF MAY TWO THOUSAND AND TWENry SIX PRESENT THE HONOURABLE SRIJUSTIGE SUDDALA GHALAPATHI RAO CRIM INAL PETITION NO: 8038 OF 2026 Between: 1. Mothala Sathyam, S/o. Buggaiah, Age.51 years, Occ. Agriculture,

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[ 348s ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

FRIDAY, THE TWENTY NINTH DAY OF MAY

TWO THOUSAND AND TWENry SIX

PRESENT

THE HONOURABLE SRIJUSTIGE SUDDALA GHALAPATHI RAO

CRIMINAL PETITION NO: 8038 OF 2026

Between:

1. Mothala Sathyam, S/o. Buggaiah, Age.51 years, Occ. Agriculture, Rl/o.

H.No.1-2011 , Peddapally village, Telkapally Mandal, Nagarkurnool District.

2. Sangamoni Nagaraju, S/o. Srinu, Age. 23 years, Occ. Agriculture, Fi/o.

H.No.1-56/4, Peddapally village, Telkapally Mandal, Nagarkumool District.

3. Mahesh @ Kurupala Mahesh, S/o. Kurmaiah, Age.24 years, Occ. Agriculture, R/o. H.No.2-789, Peddapally village, Telkapally Mandal, Nagarkurnool District.

4. Rodda Swamy, S/o. Basha, Age. 38 years, Occ. Driver, R/o' H.No.1-32, Peddapally village, Telkapally Mandal, Nagarkurnool District.

5. Mothala Suresh, S/o. Anjaneyulu, Age. 37 years, Occ. Agriculture, R/o.

H.No.1 -37, Peddapally village, Telkapally Mandal, Nagarkurnool District'

6. Gujjari Ramesh, S/o. Balaiah, Age. 39 years, Occ. Agriculture, Fl/o.

Peddapally village, Telkapally Mandal, Nagarkumool District.

7. Dudhekula Chandpasha, S/o.Dudhekula Babu, Age.35 years, Occ'

Agriculture, Rl/o. H.No.5-36, Peddapally village, Telkapally Mandal, Nagarkumool District.

8. Ragula Shiva, S/o. Ramulu, Age. 45 years, Occ. Agriculture, Fi/o. H.No.3-2'l , Peddapally village, Telkapally Mandal, Nagarkumool District.

9. Peddapulla Raju, S/o. Parwathalu, Age. 31 years, Occ. Agriculture, R/o. 3-6'

Peddapally Village, Telkapally Mandal, Nagarkurnool District.

10.Chetla Indraiah, S/o. Buggaiah, Age.45 years,0cc. Agriculture, R/o. 1-10'

Peddapally Village, Telkapally Mandal, Nagarkurnool District.

ll.Vaspari @ Kurva Lingam, S/o. Venkaiah, Age.46 years, Occ. Agriculture'

Fl/o. H.No. 1-24,Peddapally village, Telkapally Mandal, Nagarkurnool District.

...PETITIONER/ACCUSEDS

The State of Telangana through SHO P.S. Nagarkumool, Represented by Public Prosecutor, High Court for the State of Telangana, at Hyderabad.

AND

...RESPONDENT/COMPLAINANT

Petition under section 482 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminal petition, the High court may be pleased to enlarge the petitioners/ Accused on bail in the event of their anest in ionnection with FIR No. 419 ot2025 dated 30.11.2025 of Nagarkurnool police station, Nagarkurnool District pass such other order or orders may deem fit and proper in the circumstances of the case.

_

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri RAMULU

PASUPULA , Advocate for the Petitioner and sri Jithender Rao Veeramalla, the Additional Public Prosecutor on behalf of the sole Respondent.

The Court made the following: ORDER

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HON'BLE SRI JUSTICE SUDDALA CHALAPATHI RAO

CRIMINAL PETITI

No.8O38 of 2026

Date 29.05.2o.26

Between:

Mothala Sathyam and others

Petitioners

AND

The State of Telanga.na,

Through SHO P.S. Nagarkurnool,

Represented by Public Prosecutor,

High Court for the State of Telangana, at Hyderabad . ".Respondent

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ORDER

1. This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS) seeking the Court to quash the proceedings against the petitioners/accused in Crime No.419 of 2025, on the file of Nagarkurnool Police Station, NagarkurnoolDistrict, registered for the offences punishable under Sections 329(41, 324(41, 118(1) r/w 3(5) of BNS, 2O23.The petitioner Nos.1 to 3 are arrayed as accused Nos.1 to 3 and the other petitioners are not arrayed in the crime.

SCR, J Crlp_8038_2026

2. Heard Sri RamuluPasupula, learned counsel for the petitioners/accused as well as Sri Jitender Rao Veeramalla, the learned Additional Fublic Prosecutor appearing for the respondent No. 1 -State.

3. Learned counsel for the petitioners has restricted the relief sought in the instant petition stating that a direction be issued to the Police to follow the procedure prescribed under Section 35

(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS).

4. On the other hand, the learned Additional Public Prosecutor has not disputed the same.

5. Considering the submissions of both the learned counsel and the material available on record, it is seen that the allegations alleged against the petitioners are under Sections 329(41, 324(4), 118(ll rlw 3(5) of BNS, 2O23and the punishment prescribed for the offences alleged against the petitioners is less than seven (07) years.

6. In that view of the matter, without going into the merits of the case, this court deems it appropriate to direct the SCR, J Crlp_8038-2026 petitioners/accused to appear before the Investigating Officer on or before 03.08.2026 between 10:00 a.m. and O1:OO p'm' and in turn, the Investigating Officer is directed to follow the procedure laid down under Section 35 (3) of the BNSS (previously Section 4l-A of criminal Procedure code, 1973]l and also the guidelines formulated by the Honble Supreme Court of India tn Antesh Kumar a. State of Bihar 1 scrupulously. However, the petitioners/accused shall submit their defense and co-operate with the Investigating officer as and when required by furnishing information and producing all relevant documents/material requirpd for the purpose of investigation ':l and th; 'Investigating Officer shall consider the salne and complete the investigation strictly in accordance with law'

7. Accordingly, the criminal Petition is disposed of

As a sequel, miscellaneous petitions pending, if any, shall stand closed. +) ? Ec-c z'19 To, /ffRUE COPY/ SD/- B.REKHA RANI ASSISTANT REGISTRAR OFFICER u-

1. The Judicial Magistrate of First Class' Nagarkurnool

2. The Station Houie Officer, Police Station, Nagarkurnool Police Station' Nagarkurnool District

3. Two ccs to puoric Prosecutor, High court for the State of Telangana at Hyderabad (OUT)

4. One cc to sRi rinuulu PASUPULA Advocate (oPUC)

5. Two CD CoPies

HIGH COURT DATED: 2910512026 r=li GRLP.No. 038 of 2026 ,Kr6{;;; zS* i.i ,,.) ,-J 0 6 iutJ 202[ P2 t * t PATCH€O CRIMINAL PETITION IS DISPOSED OF

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