Manne Mallesham v. The State Of Telangana

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.314 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/accused No.1 in Crime No.582 of 2024 of Sangareddy Rural Police Station, Sangareddy. 2.

The brief facts of the case are that on 09.11.2024, the accused persons besides abusing the victim in filthy language, they also beaten him mercilessly. As a result, the victim sustained bleeding injuries. Hence, a case was registered vide Crime No.582 of 2024 before the Sangareddy Rural Police, Sangareddy District, for the offences punishable under Sections 118(1) and 352 read with 3(5) of the BNS. Thereafter, the Police altered the Section of law from Section 118(1) and 352 read with 3(5) of the BNS to Section 118(2) and 352 read with 3(5) of the BNS.

3.

Heard Sri D.Narendar Naik, 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-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 is no corroborative evidence, the petitioner is implicated in the case with false and fabricated allegations. He also submitted that the petitioner is resident of Sangareddy 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 the victim sustained grievous injuries and also investigation is not yet completed, 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 the Police altered the Section of law from Section 118(1) of the BNS to Section 118(2) of the BNS solely based on the injury certificate issued by a private hospital. It is pertinent to note that material part of the investigation is completed. 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.

Sangareddy Rural, 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.15,000/- with two sureties, for the like sum each.

ii.

The petitioner shall appear before the concerned Station House Officer on every Monday between 9:00 A.M. to 10 P.M., for a period of eight (08) weeks or till filing of charge sheet whichever is earlier.

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: 22.01.2025 gms

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.314 of 2025 Date: 22.01.2025 gms