Kanakam Sudheer Babu v. The State Of Telangana

THE HONONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.3003 of 2025 ORDER:

This Criminal Petition is filed under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short 'BNSS') seeking bail to the petitioner/accused No.3 in Crime.No.127 of 2025 on the file of the P.S. Uppal, Rachakonda District, registered for the offences punishable under Section 118(1) r/w 3(5) of Bharatiya Nyaya Sanhitha, 2023 (for short 'BNS').

2.

The case of prosecution in brief is that on 25.01.2025, the de-facto complainant lodged a complaint against the petitioner and others, alleging that on 24.01.2025, at about 19:00 hours, while he was walking in front of his house, along with his friend, using his mobile, on white color car, three members came to the complainant and beaten him with sticks on his head, due to which he received bleeding injury. Basing on the same a case was registered in Crime No.127 of 2025.

3.

Heard Mr.D.Manav Kumar, learned counsel representing Mr.N.Avaneesh, learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State.

4.

Learned counsel for the petitioner submitted that petitioner is innocent and he has not committed any offence and he was falsely implicated in the said crime. He further submitted that the petitioner was remanded to judicial custody on 30.01.2025 and since then he was in jail. He further submitted that initially the crime was registered for the offence under Section 119 r/w 3(5) of BNS and subsequently the same was altered to 109(1) and 61(2) of BNS. He further submitted that the de-facto complaint received simple injuries and the petitioner is not involved in any other crime and accused No.7 in the said crime was already released on bail. He further submitted that the petitioner is ready to abide the conditions, which are going to be imposed by this Court and hence, prayed for grant of bail.

5.

Per contra, learned Assistant Public Prosecutor submitted that the investigation is under progress and at this stage, the petitioner is not entitled for grant of bail. 6.

Taking into consideration of the facts and circumstances of the case and submissions made by the respective parties, this Court is inclined to grant bail to the petitioner/accused No.3, subject to the following conditions:

(i) The petitioner/accused No.3 shall execute a personal bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) with two sureties for a like sum each to the satisfaction of the VI Additional Metropolitan Magistrate, Medchal-Malkajgiri District at L.B.Nagar.

(ii) The petitioner/accused No.3 shall appear before the concerned SHO at 11.00 A.M. on every Monday, for a period of eight (8) weeks or till filing of charge sheet whichever is earlier, for the purpose of investigation and thereafter, as and when required.

iii) The petitioner/accused No.3 shall abide by the conditions stipulated in Section 483 (3) of BNSS.

7.

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

______________________________ JUSTICE J.SREENIVAS RAO Date: 10.03.2025 vsl