Balaji Ashoka Konda, vs State Of Telangana,
2025 Latest Caselaw 5570 Tel

Telangana High Court

Balaji Ashoka Konda, vs State Of Telangana, on 18 September, 2025

       THE HONOURABLE SMT. JUSTICE K. SUJANA


          CRIMINAL PETITION No.11632 of 2025


ORAL ORDER:

This Criminal Petition is filed under Section 482 of

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

for grant of pre-arrest bail to the petitioner, who is arrayed as

accused in Crime No.104 of 2025 of INSP ADMIN (DD) Police

Station, Hyderabad.

2. Heard Sri V.V. Ramana, learned counsel appearing on

behalf of the petitioner as well as Sri D. Arun Kumar, learned

Additional Public Prosecutor appearing on behalf of the

respondent - State.

3. Without going into the merits of the case, it is seen from

the record that the petitioner has directly approached this

Court seeking anticipatory bail under Section 482 of the

Bharatiya Nagarik Suraksha Sanhita, 2023.

4. At this stage, it is pertinent to note the judgment of the

Hon'ble Supreme Court, in the case of Mohammed Rasal. C

SKS,J

and Another v. State of Kerala and Another 1, has clearly

held that though the Sessions Court and the High Court

exercise concurrent jurisdiction to entertain applications for

anticipatory bail under Section 482 of the BNSS (formerly

Section 438 Cr.P.C.), judicial discipline and the hierarchy of

Courts require that such applications must ordinarily be filed

before the Sessions Court in the first instance. The Hon'ble

Supreme Court further observed that entertaining such

applications directly in the High Court, without first invoking

the jurisdiction of the Sessions Court, undermines procedural

discipline and unnecessarily burdens the High Court with

matters that can be effectively dealt with at the District level.

The Sessions Court, being the court of first contact, is better

placed to consider such applications as it has immediate

access to case records and the assistance of the concerned

Public Prosecutor. It is only in exceptional or extraordinary

circumstances, with reasons specifically recorded, that the

High Court may entertain a direct application.

5. In view of the law laid down by the Hon'ble Supreme

Court, this Court finds it appropriate to direct the petitioner to

Special Leave to Appeal (Crl.) No.6588/2025 dated 08.09.2025

SKS,J

first approach the Sessions Court for seeking the relief of

anticipatory bail.

6. Accordingly, this Criminal Petition is disposed of with

liberty to the petitioner to approach the Sessions Court for

grant of pre-arrest bail.

Miscellaneous applications, if any pending, shall stand

closed.

_______________ K. SUJANA, J Date: 18.09.2025 SAI