Derangula Chinna Narsirnha A1 v. The State Of Telangana,
THE HONONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.3645 of 2025 ORDER:
This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short 'BNSS') seeking anticipatory bail to the petitioners/accused Nos.1 to 3 in Crime.No.35 of 2025 on the file of the P.S. Green Pharma City, Rachakonda, registered for the offences punishable under Sections 115(2), 352 and 351(2) r/w 3(5) of Bharatiya Nyaya Sanhitha, 2023 (for short 'BNS') and Sections 3(1)(s) and 3(2)(Va) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2.
The case of prosecution in brief is that on 07.03.2025, the complainant lodged a complaint stating that, on 06.03.2025, as per the orders of the R.D.O. Kandukur Mandal, Ranga Reddy District R.I. visited complainant's land for enquiry and after completion of enquiry, while they are returning, at about 16.00 hrs, when they reached Peddamma temple, petitioner No.1 came and asked R.I., why he has conducted survey without intimating to him and misbehaved with R.I. On that the complainant interfered and informed petitioner No.1 that they did not conduct survey in his land and then petitioner
No.1 abused the public ladies and gents, who gathered there on that the complainant asked him why he abused the public, then petitioner No.1, abused the complaint in his caste name by holding his neck an tore his shirt and threatened him he would kill him and it is alleged that the villagers i.e., petitioner Nos.2 and 3 supported petitioner No.1 and they beat the relative of complainant and he received injury on his stomach and abused the complainant and his brother. Basing on the same a case was registered in Crime No.35 of 2025. 3.
Heard Sri G.Sunderesan, learned counsel for petitioners and learned Assistant Public Prosecutor for the respondent No.1-State. 4.
Learned counsel for petitioners submitted that petitioners have not committed alleged offence and they were falsely implicated in the above crime. He further submitted that petitioner No.1 has not abused the complainant in the name of caste and the offences alleged against the petitioners/accused Nos.1 to 3 are not at all attracted. He further submitted that there are land disputes between the petitioners and the complainant and petitioners are the permanent residents of Kandukur Village, Meerkhanpet Mandal, Ranga Reddy District and they are ready to cooperate with the investigation and also ready to abide by
the conditions, which are going to be imposed by this Court and hence, prayed for grant of anticipatory bail. 5.
Per contra, learned Additional Public Prosecutor submitted that specific allegations are leveled against the petitioners/accused Nos.1 to 3 and investigation is under progress and if the petitioners/accused Nos.1 to 3 are released on bail at this stage, they may tamper with the evidence and may threaten the witnesses, and hence, prayed to dismiss the petition.
6.
Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that there are land disputes between the petitioners and the complainant and the petitioners are permanent residents of Kandukur Village, Meerkhanpet Mandal, Ranga Reddy District. 7.
Taking into consideration of the above facts, this Court is of the considered view that petitioners/accused Nos.1 to 3 are entitled for grant of anticipatory bail, subject to the following conditions:
1. The petitioners/accused Nos.1 to 3 shall surrender before the Station House Officer of P.S. Green Pharma City Police Station, Rachakonda, on or before 26.03.2025, and on such surrender, the said Station House Officer shall release the petitioners/accused
Nos.1 to 3 on bail on their executing a personal bond for Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties, for the like sum each.
2. After release, the petitioners/accused Nos.1 to 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.
3. The petitioners/accused Nos.1 to 3 shall abide by the other conditions stipulated in Section 482 (2) Bharatiya Nagarik Suraksha Sanhitha, 2023 and cooperate with the Investigating Officer in investigating the case.
8.
Accordingly, the Criminal Petition is allowed. Miscellaneous applications, pending if any, shall stand closed. ___________________________ JUSTICE J.SREENIVAS RAO Date: 20.03.2025 vsl