Galipelli Santosh v. The State of Telangana

Court: High Court for State of Telangana

Bench: J SREENIVAS RAO

Judgment date: 2026-04-16

Case summary

High Court for State of Telangana judgment dated 2026-04-16. Galipelli Santosh v. The State of Telangana. Read the judgment and case details on LawSphereX.

Judgment text

[ 3303 I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE STXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HON'BLE SRI JUSTICE J. SREENIVAS RAO Criminal Petition No. S667 of 2026 Between Galipelli sathish, S/o Late Janardhan, Aged about 3g years, occ: Software, R/o H. No. 1-6-89, Boyawada, Karimnagar Town and District. ... PetitionerlAl AND 1. The State of Telangana, Rep by its Public Prosecutor, High Court for the State of Telangana Hyderabad. 2. ! am{a @ Galipelli Shruthi, Wo Galipelli Sathish, Aged about 32 years, Occ: Pvt. Employee, R/o H. No. B-4-249t1, Ganeshnagar, Karimnagar Town and District. ... Respondents/Complai nant Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petiiion, the High Court may be pleased to call for the records in connection with FtR No. 2g of iOzA pendinj on the file of Karimnagar Women Police Station, Karimnagar District and quash th6 same. l. A.

NO: 2 OF 2026 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to further proceedings including arrest l1ry 9lt of the Petitioner/A-1 in connection with FIR No. 29 of 2026 pending on the file of Karimnagar Women police Station, Karimnagar District, pending disposal of the present quain petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal P. etition and upon hearing ine aigumenis of Mr. y. Bala Murali, -Veeramalla, Advocate for the Petitioner and [\4r. Jithender Rao Additional public Prosecutor on behalf of the Respondent No. 1 i 1 i I I : i : I Between: 1. Galipelli Santosh, s/o Late Janardhan, Aged about 4g years, occ: Employee, R/o H. No. 1-6-89, Boyawada, KarimnagarTown and District. 2. swarg,am Vijayalaxmi, wo saikiran Swargam, Aged about 47 years, Housewife, No 2-10-1027, Jyothinagar, Karimnagar - 505 001. 3.

swargiam Saikiran, s/o Laxmi Narayana, Aged about 50 years, occ: Emplo'1ee, No 2-10-1027, Jyothinagar, Karimnagar _505 001. 4. chinthakindi Umadevi, w/o swargam Narender, Aged about 4g years,. occ: House'rvife, No 2-1o-1o27, Jyothinagar, Karimnagar -505 001. 5. swarg:rm Narendar, s/o swargam Lakshmi Narayana, Aged about s4 years, occ: Pvt. Employee, R/o 2-10-1022, Jyothinagar, Karimna-gar - 505 001. ... petitioners/A_2 to AND 1. The Slate of Telangana, Rep by its Public Prosecutor, High Court for State cf Telangana Hyderabad. 2- Samala @ Galipelli Shruthi, Wo Galipelli Sathish, Aged about 32 years, Pvt. Ernployee, R/o H. No. g-4-24gt1, Ganeshnagai, Karimnagar Town District. ... Respondents/Complainant Petition ltnder Section 528 of BNSS praying that in the circumstances stated the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the rercords in connection with FIR No.

29 of {OZA pending on the file Karimnagar \Afomen Police Station, Karimnagar District and quash th6 same in so as petitioners/A-2 to A-G are concerned. l. A. NO: 2 OF 2026 Petition under Section 528 of BNSS praying that in the circumstances stated the Memoranclum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings including arrest of the petitioners/A-2 to A-6 connection wilh FIR 29 of 2026 pending on the file of Karimnagar Women police ! o Station, Karimnagar District, pending disposal of the present quash petition. This Petition coming on for hearing, upon perusing the Memorandum Grounds of Criminal Petition and upon hearing in" aigrrents of Mr. y. Bata fVlura]i, Advocate forihe Petitioners and Mr. Jithender Rao-Veeramalla, Additional public Prosecutoron behalf of the Respondent No. 1 The Court made the following: COMMON ORDER IN o AT HYDERABAD THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO of Date:16. 04. 2026 Between: Galipelli Sathish ...

Petitioner/accused No. I ANI) The State of Telangana and another Respondents P Between: Galipelli Santosh and four others .. Petitioners/accused Nos. 2 to 6 AND The State of Telangana and another . Respondents These criminal petitions have been filed seeking to quash the proceedings in crime No. 29 of 2026 of Karimnagar women ! Police Sltation, Karimnagar, wherein the petitioners were arrayed as accused Nos. l to 6 for the offences punishable under Sections 85, and 35 L(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') and Section 4 of the Dowry Prohibition Act, 1961, (tbr short, 'DP Act'). 2. Fleard Mr. Y. Bala Mr-trali, learned counsel for the petitioners and Mr. Jithender Rao Veeramalla, leamed Additional Public l)rosecutor for respondent No. l. 3. \Vith their consent, the crinrinal petition is disposed of at the stage o'f admission. 4. l.

earned counsel for the petitioners submits that the petitioriers have not committed the alleged offences and have been falsety implicated in the present case. Even according to the allegations made in the complaint, the ingredients of the off,ences under Sections 85 and 351(2) read with 3(5) of the BNS and Sectiorr 4 of the DP Act are not attracted against the petitioners. Resporrdent No. 2 herself left the matrimonial house of the petitioner/accused No. l and filed the present complaint by making t omnibus allegations. He further submitted that petitioners/accused Nos. 2 to 6 were implicated in the present complaint only on the ground that they are the family members of accused No. l. The offences levelled against the petitioners are punishable with , impiisonment of less than seven years.

The [nvestigating :I officer, :; ,i ,l ri without following the mandatory procedure prescribed under section 35(3) of the Bharariya Nagarik Suraksha Sanhira, 2023 (for short 'BNSS') and without following the guidelines formulated by the Hon'ble Supreme court in Arnesh Kumar vs. state of Bihart, is proceeding further in the matter and the same is contrary to law. 5. Per contra, learned Additional public prosecutor submitted that there are specific allegations levelled against the petitioners about demanding of dowry and harassment and the petitioners are not entitled to seek quashing of the proceedings at threshold and the investigation is under progress.

He fumher submitted that the offences levelled against the petitioners are punishable with imprisonment of less than seven years, and the Investigating officer will follow the due procedure as contemplated under tlzot+y 8 scc 273 \ Section 35(3) of the BNSS, by issuing notice to the petitioners' I-lowevt:r, ttre petitioners are avoiding to receive the same and not co-operating with the investigation and the investigation is still under progress. 6. Learned counseL for the petitioners by way of reply submitted that the petitioners will appear before the Investigating Officer on or before 28. 04. 2026 and submit their reply/explanation along r,r,ith relevant documents to the [nvestigating Officer. 7. tlaving considered the rival submissions made by the respect'. ve parties and after perusal of the material available on record, it reveals that the offences levelled against the petitioners are punishable with imprisonment of less than seven years.

Even according to the leamed Additional Public Prosecutor, the lnvettigating Officer will follow the procedure contemplated under Sectior 35(3) of the BNSS and also the guidelines formulated by the Apr>x Court in Arnesh Kumur (supra). 8. In yiew of the above, the petitioners are directed to appear before theilnveptigating officer on or before 2g. 04. 2026 and the fr'-fj*" Investigating Officer is directed to follow the procedure contemplated under the provisions of the BNSS, 2023. 9. Accordingly, these Criminal Petitions are disposed of. Miscellaneous applications, pending if any, shall stand closed. Ass:3+;L##Hr. #H / I //TRUE COPYII 6 To, 1. The sEcTloN station Hn,ca oFFlcER House . r&. :_ officer, District Karimnagar wom, ^ 'qvar vvolrlen Police station, : o;;;b y Karimnagar ? to Mr. Ror- ir.. --r. - I I ;filr:'pfff*,$*x##*#r,t**:x"i'^;::: cD copies *,,ir ,o'*" w HIGH COURT DATED i '1610412026 THE S COMMON ORDER ( CRLP. Nos. 5667 and 5659 of 202 () 2 7 Apfl ? 0fi * *" . , . ',.

DISPOSING OF THESE CRIMINAL PETITIONS @ %

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