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High Court for State of TelanganaCRLP/2335/2025allowed no costs

Singathi Mallesh v. The State Of Telangana, Through S.H.O.,

2025-03-05K. Sujana5 pages

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.2335 of 2025 ORDER:

Seeking the Court to enlarge the petitioner, who is arrayed as accused No.1 in Crime No.126 of 2024 of Thallagurijala Police Station, Ramagundam District, on prearrest bail, the present Criminal Petition is filed. 2.

The brief facts of the case are that on October 15, 2024, at 2:30 pm, Singathi Narender reported an incident at Batwanpalli village, stating that while he was heading to his old house, Singathi Mallesh, his neighbor, followed and attacked him with a log, axe, and gross picker, causing bleeding injuries to his ear and shoulder. Mallesh's son and wife also allegedly joined in the attack before fleeing when Narender cried out for help.

3.

Heard Sri Yadu Krishna Sainath, 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 petitioners submitted that the petitioner is innocent and he has no connection to the alleged offence, with no grounds to constitute an offence under Section 118 (2) of BNS. The allegations made in the complaint suggest a counter-case between parties. The petitioner alleges harassment by the police at the instigation of the de facto complainant, which may lead to arrest and cause irreparable damage to their reputation and livelihood as an agricultural worker. Therefore, he prayed the Court to grant pre-arrest bail to the petitioners by allowing this criminal petition. 5.

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

6.

In the light of the submissions made by both the learned counsel and a perusal of the material available on record, it appears that cross-complaints are pending against

each other. Notably, the petitioner has also filed a complaint against the de facto complainant with identical allegations. Given the facts and circumstances of the case, this Court deems it appropriate to grant pre-arrest bail to the petitioner subject to the following conditions:

i.

The petitioner shall surrender before the Station House Officer, Thallagurijala Police Station, Ramagundam 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 abide by the other conditions stipulated in Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 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: 05.03.2025 SAI

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.2335 of 2025 Date: 05.03.2025 SAI