Kalige Nandeep Kumar v. The State Of Telangana

The Hon'ble Sri Justice J.Sreenivas Rao Criminal Petition No.4768 of 2025 ORDER:

This Criminal Petition is filed by the petitioners/accused Nos.2 to 4, seeking anticipatory bail under Section 482 of Bharatiya Nagrik Suraksha Sanhita (BNSS), in connection with Crime No.557 of 2024 of Sadashivpet Police Station, Sangareddy, registered for the offences punishable under Sections 118(2), 115(2), 352, 351(2) read with 3(5) of BNS. 2.

Heard Sri S.Ram Reddy, learned counsel for the petitioners and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for the respondent/State. 3.

The case of the prosecution is that on 01.11.2024, while the complainant was opening his shop, the accused have attacked him with sticks and beat him on throat and face, due to which, he suffered several injuries on his face, eye and neck. Hence, the complaint.

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4.

Learned counsel for the petitioners submits that the petitioners have not committed alleged offences and they were falsely implicated in the aforesaid crime. He further submitted that initially, crime was registered for the offences under Sections 118(1), 115(2), 352, 351(2) read with 3(5) BNS. All the offences are below seven years and subsequently, Section 118(1) was altered to 118(2), with an intention to harass the petitioners to avoid following the procedure contemplated under Section 35(3) of BNS. He further submitted that accused No.1 was a Software employee and accused No.3 is private employee and residing at Hyderabad and he visited the village to celebrate Deepavali festival in the year 2024. Petitioner No.1 is helping accused No.1 in running kirana shop and petitioners are not having criminal antecedents. The accused No.1 was already arrested and he was enlarged on bail. The material part of investigation is completed and are ready and willing to cooperate with the investigation and also abide by the

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conditions that may be imposed by the Court. Hence, prayed to grant anticipatory bail to the petitioner. 5.

Per contra, learned Additional Public Prosecutor submits that the petitioner has committed a grave offence and the victim sustained grievous injuries and investigation is under progress. If the petitioners are granted anticipatory bail at this stage, there is every chance of their influencing the witnesses and interfering with the investigation.

6.

Having considered the rival submissions made by the respective parties and on perusal of the record, it reveals that the petitioner No.1 is Software employee working in M/s.Cap Gemini and petitioner No.3 is a private employee working in M/s.EXL Rubbers Pvt. Ltd in Hyderabad. Even according to the learned Additional Public Prosecutor, the petitioners are not having any criminal antecedents. Taking into consideration the facts and circumstances of the case, this Court is inclined to

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grant anticipatory bail to the petitioners/accused Nos.2 to 4 subject to the following conditions:

(i) Petitioners/accused Nos.2 to 4 are directed to surrender before the Station House Officer, Sadashivpet, Police Station, Sangareddy on or before 17.04.2025;

(ii) On such surrender, the Station House Officer of Sadashivpet, Police Station, Sangareddy, shall release the petitioners on bail on their executing 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 said Officer;

(iii) On such release, the petitioners/accused Nos.2 to 4 shall appear before the Station House Officer, Sadashivpet, Police Station, Sangareddy, on every Sunday commencing from 20.04.2025, for a period of eight weeks for the purpose of investigation and thereafter, as and when required for investigation.

(iv) The petitioners/accused Nos.2 to 4 shall abide by the conditions stipulated under Section 438(2) of the Criminal Procedure

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Code, 1973/Section 482 of BNSS and shall cooperate with the investigation officer for conclusion of investigation.

7.

Subject to the above directions, the Criminal Petition is allowed. No costs.

As a sequel, miscellaneous petitions, pending if any, stand closed.

___________________ J.SREENIVAS RAO, J Date: 11.04.2025 mnv

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The Hon'ble Sri Justice J.Sreenivas Rao Criminal Petition No.4768 of 2025 Date: 11.04.2025 mnv