Pulluru Mahesh v. The State Of Telangana

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.2014 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, who is arrayed as accused No.2 in FIR No.22 of 2025 before the Saidabad Police Station, Hyderabad District, registered for the offences punishable under Sections 137(2), 309(4), 118 read with 3(5) of BNS.

2.

The brief facts of the case are that the de facto complainant, filed a complaint at Saidabad Police Station on January 21, 2025, alleging that he was robbed and assaulted by four unknown individuals on January 20, 2025 when he and his friends, Koppula Manikanta and Koppula Mahesh, attended a wedding in Pisalabanda and later met another friend, Ayesha, at Ambedkar Statue in Saidabad. After his friends left, the complainant was stopped by four men on two bikes, who used abusive language, beat him with sticks, and took him to an unknown location where they demanded Rs.

5,000 and stole his belongings. On receipt of the said complaint, the police registered case for the offences as alleged, arraying the petitioner as accused No.2. Aggrieved thereby, this Criminal Petition is filed.

3.

Heard Sri K.Shrikanth Reddy, learned counsel for petitioner, and Sri Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for respondent - State. 4.

Learned counsel for the petitioner submitted that the petitioner is an innocent person who has been falsely implicated in the case, and that he did not commit any offence. He asserted that the petitioner had merely intervened in a situation where the de facto complainant was teasing the sister of Accused No.1 at a wedding function, and had helped to pacify the issue before leaving the scene. He averred that the petitioner is a stranger to the de facto complainant and has been wrongly roped into the case. Therefore, while advocating that the petitioner is willing to furnish suitable security and abide by any conditions imposed by the Court, he prayed this Court to allow the criminal petition, granting the relief of anticipatory bail to the petitioner.

5.

On the other hand, learned Additional Public Prosecutor submitted that the allegations leveled against the petitioner are serious in nature due to which his custodial interrogation is necessary. As such, he prayed the Court to dismiss the criminal petition.

6.

Having regard to the rival submissions made, on going through the material placed on record, it is noted that petitioner has no criminal antecedents for the offences such as threatening and robbery. It is undisputed fact that on the date of incident there was a serious dispute between the accused No.2 and de facto complainant. Further, on perusing the material meticulously, this Court is of the considered view that petitioner was attempting to pacify the dispute between the accused No.1 and de facto complainant and he has merely acted as Mediator. Therefore, this Court deems it fit to grant pre-arrest bail to the petitioner subject to compliance of the following conditions:

i.

The petitioner shall surrender before the Station House Officer, Saidabad Police Station, Hyderabad 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/-(Rupees Twenty Five Thousand only), 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: 21.02.2025 PT

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.2014 of 2025 Date: 21.02.2025 PT