Mohammad Arafath @ Md. Arfath v. The State Of Telangana

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.43 of 2025 ORDER:

This Criminal Petition is filed under section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for granting of pre-arrest bail to the petitioner in Crime No.219 of 2022 of Ibrahimpatnam Police Station, Jagtial.

2.

The brief facts of the case are that on 05.10.2022, the accused persons went to the house of the de-facto complainant and beaten the de-facto complainant and her family members mercilessly. As a result, they sustained bleeding injuries. Hence, a case was registered vide Crime No.219 of 2022 before the Ibrahimpatnam Police, Jagtial and after completion of investigation, a charge sheet was filed vide SC Spl No.106 of 2023 on the file of Special Judge for Trial of Cases under SC/STs (POA) Act-Cum-III Additional District and Sessions Judge, Karimnagar, for the offences punishable under Sections 143, 452, 307, 325, 323, 324, 354, 290, 506(ii) read with 149 of the IPC and Sections 3(1)(r)(s), 3(2)(v) of SC/STs(POA) Act.

3.

Heard Sri K.Venumadhav, learned counsel appearing on behalf of the petitioner as well as Sri Syed Yasar Manoon, learned Additional Public Prosecutor appearing on behalf of the respondent No.1-State.

4.

Learned counsel for the petitioner submitted that the petitioner is innocent and he is no way concerned with the alleged offences. He further submitted that though there are no specific allegations against the petitioner, a criminal case was registered against the petitioner with false and fabricated allegations. He also submitted that the petitioner is resident of Ibrahimpatnam, Jagtial District, with movable and immovable properties and is willing to furnish sureties as directed. Hence, he prayed the Court to grant anticipatory bail to the petitioner.

5.

On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner stating that there are serious allegations against the petitioner and charge sheet is also filed after completion of the investigation, therefore, granting anticipatory bail to the petitioner, at this stage, does not arise. Hence, he prayed the Court to dismiss the criminal petition.

6.

Having regard to the submissions made by both the parties and a perusal of the material placed on record, it is apparent that except omnibus allegations, there are no specific allegations against the petitioner. It is pertinent to note that charge sheet is filed after completion of investigation.

Therefore, considering the facts and circumstances of the case, this Court is of the considered view that it is a fit case for granting of anticipatory bail to the petitioner.

7.

Accordingly, this petition is allowed granting anticipatory bail to the petitioner subject to the following conditions:

i.

The petitioner shall surrender before the Station House Officer of P.S.

Ibrahimpatnam, Jagtial, within two weeks from today, and on such surrender, the said Station House Officer shall release him on bail on executing a personal bond for Rs.10,000/- with two sureties, for the like sum each.

ii.

ii. The petitioner shall cooperate with the trial proceedings by appearing before the concerned Court whenever his presence is required as the charge

sheet is filed before the concerned Court.

iii.

The petitioner shall abide by the other conditions stipulated in Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023 and co-operate with the Investigating Officer in investigating the case.

Miscellaneous applications, if any pending, shall stand closed.

_______________ K. SUJANA, J Date: 21.01.2025 gms

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.43 of 2025 Date: 21.01.2025 gms