Kothuri Paramesh v. The State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.6065 OF 2026 DATE : 30.04.2026 Between:

Kothuri Paramesh ....Petitioner/A.6 AND The State of Telangana & another .....Respondents : ORDER :

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking the Court to grant anticipatory bail to the petitioner/A.6 in the event of his arrest in connection with FIR No.43 of 2026 of Kodimial Police Station, Jagitial District. The offences alleged against the petitioner are under Sections 296(b), 115(2), 118(1), 351(2) r/w.3(5) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS') and under Section 3(1)(r)(s), 3(2)(va) of SC/ST POA Act.

2.

The brief facts of the case are that on 12.03.2026 at about 09:00 AM by the complainant, Boddelli Abhilash lodged a complaint before police stating that on 07.03.2026, while returning from his aunt's house at Sandralapalli Village, when he reached near Wisdom School at Kodimial Village, he noticed that Bandapelli Prem Kumar was being beaten by Dandaveni Sridhar, Vasampelli Uday, and Manchala Shiva with sticks and beer bottles. When the complainant tried to intervene, Vadlakonda Akhil, Kothuri Paramesh, and Cherla Raghuram also came there. Thereafter, A1 to A6, namely Dandaveni Sridhar, Vadlakonda Akhil, Manchala Shiva, Vasampelli Uday, Cherla Raghuram @ Lucky, and Kothuri Paramesh, jointly attacked the complainant and Prem Kumar with sticks and beer bottles.

During the assault, A2 Vadlakonda Akhil punched the complainant on his face, causing his lower teeth to break. It is further alleged that all the accused abused the complainant and Prem Kumar by referring to their caste in filthy language and threatened to kill them due to previous enmity. Hence, the complainant requested the police to take necessary action against the accused.

3.

Heard Sri B.Rakesh Kumar, learned counsel appearing for the petitioner and Sri M.Ramachandra Reddy, learned

Additional Public Prosecutor appearing for 1st respondent - State.

4.

The contention of learned counsel for the petitioner is that petitioner is innocent of the said allegations. When the complainant was under the panic situation and was in life threat, the petitioner herein rescued him and helped him to leave the scene of offence. Learned counsel further contended that there is no prima-facie case against the petitioner and that the offences alleged are not attracted to the petitioner. Hence, prayed this Court to grant anticipatory bail to the petitioner. 5.

On the other hand learned Additional Public Prosecutor opposed for grant of anticipatory bail contending that the petitioner along with other accused abused Lw.1 intentionally in his caste name in public place and the petitioner along with other accused bet the victim with beer bottle on the head causing severe injuries and also threatened to kill him. Further, as the victim has suffered grievous injury, Section 118(1) of BNS was altered to Section 118(2) of BNS. As such, petitioner is not entitled to bail and prayed to dismiss this petition.

6.

Considering the submissions made by the respective counsel and the material placed on record, though learned counsel for the petitioner would submit that there is no specific allegation against the petitioner and he is not involved in the offence, the allegation shows that the petitioner is also present at the scene of offence. Further, the record shows that petitioner herein also belongs to SC/ST community, as such, SC/ST Act is not applicable to him. However, Considering the allegations against the petitioner and that he is a student, this Court deems it appropriate to grant anticipatory bail to him subject to the following conditions :

i.

The petitioner shall surrender before the Station House Officer, Kodimial Police Station, Jagitial District within two weeks from today, and on such surrender, the said Station House Officer shall release the petitioner on bail on his 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 appear before the concerned SHO between 09.00 a.m and 05.00 p.m., on every Monday for a period of eight (8) weeks, for the purpose of investigation or till filing of charge sheet whichever is earlier and thereafter, as and when required.

iii.

The petitioner shall abide by the other conditions stipulated in Section 482 (2) of BNSS and co-operate with the Investigating Officer in investigating the case.

7.

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

_______________ K. SUJANA, J Date: 30.04.2026 Rds

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.6065 OF 2026 Date: 30.04.2026 Rds