Kavadi Ashok Alias B.Ashok Kumar v. The State Of Telangana
THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.1483 of 2025 ORDER:
This Criminal Petition is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for granting of pre-arrest bail to the petitioner/accused No.2 in Crime No.976 of 2024 on the file of the Saroornagar Police Station, Rachakonda.
2.
The brief facts of the case are that that on 31.10.2024, when the victim went to meet the accused regarding the chit amount, the accused persons drove the car in a rash and negligent manner with high speed over the victim by keeping the past grudges. As a result, the victim sustained bleeding injuries. Hence, a case was registered vide Crime No.976 of 2024 before the Saroornagar Police, Rachakonda, for the offences punishable under Sections 61(2) and 103(1) read with 3(5) of the BNS.
3.
Heard Sri. G.Shiva Kumar, learned counsel appearing on behalf of the petitioner as well as Sri Syed Yasar Mamoon, learned Additional Public Prosecutor appearing on behalf of the respondent-State.
4.
Learned counsel for the petitioner firstly submitted that the petitioner is innocent and he is no way concerned with the alleged offences. He secondly submitted that the petitioner is minor and in support of the same, he filed date of birth certificate of the petitioner. He He thirdly submitted that except the allegation that the petitioner was in the said car at the time of the alleged incident, there are no specific allegations against the petitioner. He fourthly submitted that though there is no corroborative evidence, the petitioner was implicated in the present case with false and fabricated allegations. He fifthly submitted that the petitioner is resident of Ranga Reddy District, with movable and immovable properties, and is willing to furnish sureties as directed.
He lastly submitted that previously, bail applications of the petitioner, vide Crl.M.P.Nos.10 and 75 of 2025, were dismissed by the X Additional District and Sessions Judge, Ranga Reddy District at L.B.Nagar, on 10.01.2025 and 23.01.2025, respectively and prayed the Court to grant anticipatory bail to the petitioner by allowing this criminal petition.
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 also the 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, prima facie, it is apparent that the petitioner is minor as per his date of birth certificate and except the allegation that the petitioner was in the said car at the time of the alleged incident, there are no specific allegations against the petitioner. 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 Saroornagar Police Station, Ranga Reddy District, 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.25,000/- 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: 12.02.2025 gms
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.1483 of 2025 Date: 12.02.2025 gms