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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HONOURABLE SMT. JUSTICE K. SUJANA

CRIMINAL PETITION No.13355 OF 2025

24.12.2025

Between :

Challapally Mallikarjuna Rao

… Petitioner/defacto

complainant

And

Kalpana Reddy & another

… Respondent/A.1.

ORDER

This criminal petition is filed under Section 483 (2) of

Bharatiya Nagarik Suraksha Sanhita, 2023 by the

petitioner/defacto complainant seeking cancellation of

anticipatory bail granted in Crl.P.No.1024 of 2025 (common

order) dated 05.02.2025 to respondent No.1 herein.

2. Heard Sri Narendar Jalli, learned counsel for the

petitioner/defacto complainant, Sri D.Arun Kumar, learned

Additional Public Prosecutor appearing for respondent No.2-

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State and Sri C.Sharan Reddy, learned counsel appearing for

respondent No.1/A.1.

3. The contention of learned counsel for the petitioner herein

is that defacto complainant had filed W.P. No.4501 of 2025,

stating that the police had not framed the offence in accordance

with the allegations in his complaint and sought directions to

modify the offence from Section 309(4) of BNS to Sections 310,

62, 351(3), 49, and 117 of BNS. In response, the police informed

that they had modified the offence to Section 310 of BNS and

added Cheruvu Srikrishna Murthy as an accused at a later

stage. Taking this into account, this Court disposed of the writ

petition on 05.03.2025. Pursuant to the Court’s order, the

Malkajgiri Police modified the offence accordingly. However, the

anticipatory bail granted earlier was based on the original

charge under Section 309(4) of BNS, which was later found to

be incorrect. Since the charge now falls under Section 310 of

BNS, and the accused had not filed a fresh bail application, the

order in Crl.P.No.1024 of 2025 becomes inapplicable. The

police, after investigating FIR No.1025 of 2024, filed a charge

sheet in C.C. No.1475 of 2025, naming respondent No.1 herein

as A.1 alleging that she called A.3, through her driver/A.8, to

deliver the robbed property and signed bond papers to her at

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Moulali. Despite obtaining anticipatory bail, respondent No.1

failed to cooperate with the investigation, particularly regarding

the seizure of the stolen property, which remains in her

possession. This non-cooperation has hindered the

investigation. As the respondent No.1 herein has violated the

conditions of her bail and obstructed recovery of property, the

defacto complainant prayed this Court to cancel the bail granted

to A.1 in Crl.P.No.1024 of 2025.

4. On the other hand, learned counsel for respondent

No.1/A.1 submitted that a charge sheet has been filed in C.C.

No. 1475 of 2025 under Section 310 of BNS wherein the section

of law was altered from Section 309(4) BNS to Section 310 BNS

on 28.02.2025. He contended that mere alteration of the section

of law does not warrant cancellation of bail. The bail was

granted to A.1 in connection with a specific crime, not for a

particular offence. Therefore, the accused is not required to file

a fresh bail application merely due to the change in the section

of law, as there is no such legal requirement. He further argued

that no stolen property was recovered from respondent No.1,

which supports her claim of innocence and cannot be

interpreted as non-cooperation with the investigating agency.

Additionally, he submitted that the de facto complainant has no

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legal title over the property situated at H.No. 24-79, Anand

Bagh, Malkajgiri, which actually belongs to one Krishnamurthy,

currently residing in the USA. Krishnamurthy has reportedly

lodged complaints with the police via email, alleging illegal

occupation and cheating by the de facto complainant. Further,

respondent No.1 is not in possession of any signed bond papers

and has been falsely implicated in the case due to ongoing

property disputes with the de facto complainant. It was also

submitted that respondent No.1 has not violated any of the bail

conditions. Accordingly, counsel prayed for dismissal of the

present petition.

5. Considering the submissions made by both the