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2025 Supreme(Telangana) 1529

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
N. TUKARAMJI, J.
Athaluri @ Pachipala Namratha W/o Shri Venkata Krishna – Appellant
Versus
The State of Telangana – Respondent 
Criminal Revision Case Nos. 849, 850, 851, 852, 857 of 2025
Decided On : 24-11-2025

Advocates Appeared:
For the Appellant : Nagamuthu
For the Respondent: M. Ramachandra Rao

The right to statutory bail is inalienable once the statutory period expires for failing to file charges, irrespective of case merits.

Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 438, 442, and 187(3) - Statutory bail - The petitioner sought default bail, arguing that the period of custody for a connected crime should be counted for other offences. The trial court dismissed the bail applications, stating the statutory period had not expired. The court found that custody in one case must be deemed applicable to related offences stemming from the same set of facts (Paras 5.1, 7, 11, 19, 20).

(B) Right to statutory bail - Once the statutory period for filing the charge sheet expires, the accused acquires an indefeasible right to bail, irrespective of the merits of the case (Paras 8, 9, 22).

Facts of the case:
The petitioner faced multiple criminal charges related to surrogacy fraud, and argued that time spent in custody on one charge should count as custody for others.

Findings of Court:
The trial court erred in not recognizing the first FIR date as the start point for the statutory period, which resulted in denying the right to bail.

Issues: Whether the custody in one case should be considered deemed custody for other related offences.

Ratio Decidendi: The court affirmed the principle that, in cases from the same police station involving similar facts, custody in one case extends to associated cases to protect the rights of the accused (Paras 12, 13, 22).

Result: Criminal Revision Case Nos. 849 to 852 and 857 of 2025 are allowed; the petitioner is granted bail.

Table of Content
1. filing of identical revision cases. (Para 1 , 2 , 3)

ORDER :

1. Heard Mr. Nagamuthu, learned Senior Counsel appearing for the petitioner, and Mr. M. Ramachandra Reddy, learned Additional Public Prosecutor appearing for the respondent-State.

2. Since these criminal revision cases have been filed by the petitioner seeking identical reliefs concerning related pending crimes, they are heard together and are being disposed of by this common order:

(i) Crl. R.C. No. 849 of 2025 has been filed under Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “the BNSS ”), challenging the order dated 04.11.2025 passed in Crl.M.P. No. 2959 of 2025 in Crime No. 100 of 2025 (Old Crime No. 155 of 2025) registered for offences punishable under Sections 61(2), 316(2), 318(4), 336, and 111 of the Bharatiya Nyaya Sanhita, 2023 (for short, “the BNS”), by the learned XII Additional Chief Judicial Magistrate, Hyderabad.

(ii) Crl. R.C. No. 850 of 2025 has been filed under Sections 438 and 442 of the BNSS , challenging the order dated 04.11.2025 passed in Crl.M.P. No. 2955 of 2025 in Crime No. 102 of 2025 (Old Crime No. 157 of 2025) registered for offences punishable under Sections 61(2), 316(2), 318(4), 335, 336, 340, and 111 of the BNS, read with Sections 39(1) and 40 of the Surrogacy (Regulation) Act, 2021, by the learned XII Additional Chief Judicial Magistrate, Hyderabad.

(iii) Crl. R.C. No. 851 of 2025 has been filed under Sections 438 and 442 of the BNSS , challenging the order dated 04.11.2025 passed in Crl.M.P. No. 2958 of 2025 in Crime No. 99 of 2025 (Old Crime No. 154 of 2025) registered for offences punishable under Sections 61(2), 316(2), 318(4), 335, 336, 340, and 111 of the BNS, read with Sections 39(1) and 40 of the Surrogacy (Regulation) Act, 2021, by the learned XII Additional Chief Judicial Magistrate, Hyderabad.

(iv) Crl. R.C. No. 852 of 2025 has been filed under Sections 438 and 442 of the BNSS , challenging the order dated 04.11.2025 passed in Crl.M.P. No. 2954 of 2025 in Crime No. 101 of 2025 (Old Crime No. 156 of 2025) registered for offences punishable under Sections 61(2), 316(2), 318(4), 335, 336, 340, and 111 of the BNS, read with Sections 39(1) and 40 of the Surrogacy (Regulation) Act, 2021, by the learned XII Additional Chief Judicial Magistrate, Hyderabad.

(v) Crl. R.C. No. 857 of 2025 has been filed under Sections 438 and 442 of the BNSS , challenging the order dated 06.11.2025 passed in Crl.M.P. (SR) No. 12899 of 2025 in Crime No. 95 of 2025 (Old Crime No. 150 of 2025 of Gopalapuram Police Station, Hyderabad) registered for offences punishable under Sections 61, 308(2), 316, 318(4), 335, 336, 340, and 111 of the BNS, by the learned XII Additional Chief Judicial Magistrate, Hyderabad.

3. Briefly stated, the relevant facts are that the revision petitioner, who is the accused in the aforementioned crimes, filed petitions under Section 187 (3) of the BNSS seeking default bail. The learned Trial Court, in Crime Nos. 99 to 102 of 2025, dismissed the said bail applications, observing that the statutory period for filing the charge sheet had not yet expired and that the authority relied upon by the petitioner was factually distinguishable. Aggrieved thereby, the petitioner has preferred these criminal revision cases.

Submissions of the Petitioner:

4.1. Learned Senior Counsel appearing for the petitioner submitted that the petitioner is implicated in several crimes registered on the file of Gopalapuram Police Station, all of which arise out of the same or substantially similar transactions. The petitioner was initially taken into custody in Crime No. 147 of 2025 on 27.07.2025. It is contended that since the offences alleged in the connected crimes are analogous in nature and stem from the similar set of facts, the period of custody in the first case ought to have been reckoned as deemed custody in the other cases as well.

4.2. Learned Senior Counsel further argued that, once the petitioner

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