Shaik Anwar, v. The State Of Telangana,
THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.6154 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 petitioner/accused No.14 in Crime No.109 of 2021 on the file of the P.S.Itchoda, Adilabad District registered for the offences punishable under Sections 147, 148, 452, 307, 120b, 427 r/w Section 149 of the Indian Penal Code, 1860 (for short 'IPC') .
2.
The case of the prosecution is that the de facto complainant lodged a complaint against the petitioner/Accused No.14 and others, alleging that they have trespassed into his house and assaulted him with an intention to kill him, on the presumption that he was causing obstruction for conducting Ursu festival. Basing on the same, a case was registered in Crime No.109 of 2021. 3.
Heard Mr.S.Surender Reddy, learned counsel for the petitioner and Mr.Arun Kumar Dodla, learned Additional Public Prosecutor for the respondent-State.
4.
Learned counsel for the petitioner submitted that the petitioner is innocent and he is no way concerned with the alleged offence. He further submitted that though there is no corroborative evidence, the petitioner was implicated in the case with false and frivolous allegations. He further submitted that the very same allegations are leveled against accused Nos.2 to 13 and they have approached this Court and they filed Criminal Petition No.16235 of 2024 for grant of anticipatory bail and this Court allowed the same on 07.01.2025 and the petitioner is also entitled for the very same benefit. He further submitted that the petitioner is ready and willing to cooperate with the investigation and also 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 petitioner/accused No.14 has committed grave offence and investigation is under progress and if the petitioner/accused No.14 is granted anticipatory bail at this stage, he will influence the witnesses, and hence, prayed to dismiss the petition.
6.
Having considered the rival submissions made by respective parties and after perusal of the material available on record, it reveals that the crime pertains to the year 2021 and there is no incriminating evidence on record to prove the alleged offences against the petitioner. It is pertinent to note that material part of the investigation is completed. It is not in dispute that accused Nos. 2 to 13 approached this Court and this Court allowed the Criminal Petition No.16235 of 2024 on 07.01.2025.
7.
Taking into consideration the said facts, this Court is inclined to grant anticipatory bail to the petitioner/accused No.14 subject to the following conditions.
1. The petitioner/accused No.14 shall surrender before the Station House Officer of P.S.Itchoda, Adilabad District, on or before 13.05.2025, and on such surrender, the said Station House Officer shall release the petitioner/accused No.14 on bail on his executing a personal bond for Rs.50,000/- (Rupees fifty thousand) with two sureties, for the like sum each.
2. After release, the petitioner/accused No.14 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. After release, the petitioner/accused No.14 shall not influence the witnesses or interfere with the investigation.
4. The petitioner/accused No.14 shall abide by the other conditions stipulated in Section 482 (2) of the BNSS and co-operate 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: 07.05.2025 Lk/sa