K. Nithish v. The State Of Telangana,

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.454 of 2026 DATE: 29.01.2026 BETWEEN:

K. Nithish ... Petitioner/Accused No.4 And The State of Telangana, Rep. by Public Prosecutor, High Court for the State of Telangana, High Court, Hyderabad.

Through Station House Officer, Police Station Saroornagar, Rachakonda ... Respondent/complainant

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 No.4 in Crime No.1287 of 2025 before the Saroornagar Police Station, Rachakonda Commissionerate,

registered for the offences punishable under Sections 126(2), 118(1) and 352 read with 3(5) of BNS.

2.

The brief facts of the case are that, the de-facto complainant, lodged a report before the police stating that on 25.12.2025 at about 0200 hours, the complainant, while riding a scooty with his friend Bunny near Janapriya Apartments, Saroornagar, was stopped by a group who abused and assaulted them with sticks and hands. When Siva and Charan tried to intervene, they were also attacked. The complainant sustained head, nose, and forehead injuries. Bunny fled and informed friends, after which Lakshman and his uncle Nagesh shifted the complainant to SKS Neuro Hospital, Kachiguda. Later, the complainant identified the assailants as Sai Varma, Bittu, Abhinav, Nithish, Rohit, Akshay, and Rana, as such requested the police to take necessary action. Based on the said complaint, police registered a case for the aforementioned offences against the accused.

3.

Heard Sri Praveen Kumar Veerjala, learned counsel appearing for the petitioner as well as Sri D. Arun Kumar,

learned Additional Public Prosecutor appearing on behalf of the respondent - State.

4.

Learned counsel for the petitioner submitted that the petitioner is innocent of the said allegations and that the injuries sustained by the de‐facto complainant are in a conscious stage, that all the offences alleged are punishable below seven years, and that no alteration memo has been filed by the investigating agency. Therefore, prayed the Court to grant pre-arrest bail to the petitioner by allowing the Criminal Petition.

5.

On the other hand, the learned Additional Public Prosecutor opposed the submissions made by learned counsel for the petitioner, contending that the allegations against the petitioner are serious in nature, that the investigating agency has received the injury certificate, and that the investigating officer is going to file an alteration memo as one of the injuries sustained by the complainant is serious, namely injury to the head. Therefore, prayed the court to dismiss the criminal petition.

6.

In light of the submissions made by both learned counsel and upon a perusal of the material available on record, the record further reveals that the complaint was initially lodged against unknown persons and subsequently the names of the accused came to light. There are no specific allegations against the petitioner as to which of them beat the complainant on his head and caused grievous injury. Considering the nature of allegations and the injuries sustained by the de‐facto complainant, custodial interrogation does not appear necessary at this stage. In view of the facts and circumstances of the case, this Court deems it fit to grant pre-arrest bail to the petitioner, subject to the following conditions:

i.

The petitioner shall surrender before the Station House Officer, Saroornagar Police Station, Rachakonda Commissionerate within two weeks from today, and on such surrender, the petitioner shall be released on bail on executing a personal bond for Rs.25,000/- with two sureties, for the like sum each.

ii.

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.

iii.

The petitioner shall appear before the concerned Investigating Officer on every Monday between 09:00 a.m, and 05:00 p.m., or till the filing of the charge sheet, whichever is earlier, and thereafter, as and when required.

7.

Accordingly, this Criminal Petition is allowed. Miscellaneous applications, if any pending, shall stand closed.

_______________ K. SUJANA, J Date: 29.01.2026 TU

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.454 of 2026 Date: 29.01.2026 TU