Alakunta Abhishek v. The State Of Telangana

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.1907 of 2025 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 in Crime No.590 of 2024 of Osmania University Police Station, Hyderabad. 2.

The brief facts of the case are that on 18.12.2024, de facto complainant filed a complaint stating that his relative, Tummuluri Nishanth, was assaulted by Alakunta Srinivas and four others, including Kaushik Yadav, on 18.11.2024, near OU Campus. Nishanth was beaten with a belt, sticks, and stones after being forced to remove his clothes. Nikhil took Nishanth to Gandhi Hospital for treatment. Later, on 15.12.2024, Nikhil and Nishanth were threatened by unknown persons at a hotel in Tarnaka, warning them not to pursue the matter. Fearing for their safety, Nikhil sent Nishanth to a relative's house in Karimnagar and reported the incident to the police.

3.

Heard Sri M. Raju, learned counsel appearing on behalf of the petitioner, and Sri Syed Yasar Mamoon, learned Additional Public Prosecutor appearing on behalf of the respondent-State.

4.

Learned counsel for the petitioner submitted that the allegations leveled against the petitioner are vague and baseless and that he has not committed any offence and was falsely implicated without proper investigation. He further submitted that the petitioner no connection to the alleged offence and were wrongfully implicated by the Osmania University Police. He further submitted that the petitioner is aged about 12 years. Therefore, prayed this Court to grant pre-arrest bail to the petitioner by allowing this criminal petition.

5.

On the other hand, learned Additional Public Prosecutor vehemently opposed the submissions made by learned counsel for petitioner, stating that the allegations leveled against the petitioner are serious in nature. At this stage, granting of pre-arrest bail to the petitioner does not arise.

Therefore, he prayed the Court to dismiss the Criminal Petition.

6.

After considering the submissions made by both learned counsel and reviewing the material available on record, it appears that the petitioner is aged about 12 years. Further, there are no specific allegations against the petitioner. Considering the facts and circumstances of the case, this Court deems it fit to grant bail to the petitioner subject to the following conditions:

i.

The petitioner shall surrender before the Station House Officer, Osmania University Police Station, Hyderabad, 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 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., till the filing of the charge sheet 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: 18.02.2025 SAI

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.1907 of 2025 Date: 18.02.2025 SAI