Smt.Gandasiri Kanakamma v. The State Of Telangana

THE HON'BLE SRI JUSTICE NARSING RAO NANDIKONDA CRIMINAL PETITION Nos.6567 & 6569 OF 2025 COMMON ORDER:

These Criminal Petitions are filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS') by the petitioners/accused Nos.31, 42, 8, 10, 11 and 13 to 18, seeking bail in Crime No.45 of 2025 on the file of Noothankal Police Station, Suryapet District, registered for offences punishable under Sections 249, 189(2), 191(2), 191(3), 61(2), 103(2), r/w 190 of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS').

2.

Heard learned counsel appearing for the petitioners/accused Nos.31, 42, 8, 10, 11 and 13 to 18 and learned Additional Public Prosecutor appearing for respondent/de-facto complainant. Perused the entire material placed on record.

3.

The case of the prosecution is that on 17.03.2025 at about 16:00 hours the de-facto complainant lodged a complaint stating that accused Nos.1 to 31 formed into an unlawful assembly armed with deadly weapons and when the deceased was coming to the house from his agriculture land, they attacked and beat him to death due to political rivalry.

4.

Learned counsel for the petitioners contended that though the names of the petitioners were mentioned in the complaint, there is no role played by the petitioners and that false allegations were levelled against them. He further argued that the petitioners are innocent persons and they are nothing to do with the aforesaid offences. He further stated that petitioners/accused Nos.31, 42, 8, 10, 11 and 13 to 18 are kept in judicial custody for more than 40 days from their arrest and the allegations made against them do not constitute

any offences alleged by the prosecution and hence he prays grant bail to the petitioners.

5.

Learned Additional Public Prosecutor, on instructions, would submit that if the accused persons are released on bail, they may tamper the witnesses and he further argued that petitioners hatched a plan to murder the deceased and that there are serious allegations levelled against petitioners and hence he prays to dismiss the petition.

6.

Having considered the rival submissions made by learned counsel for the respective parties and after perusal of the entire material available on record and also considering the fact that this Court has already granted bail to other accused persons and to maintain the same parity, this Court is inclined to grant bail to the petitioners/accused Nos.31, 42, 8, 10, 11 and 13 to 18 subject to the following conditions:

(i) The petitioners/accused Nos.31, 42, 8,

10, 11 and 13 to 18 shall be released on bail on executing a personal bond for a sum of Rs.20,000/-(Rupees Twenty thousand only) each with two sureties for a like sum each to the satisfaction of learned Judicial First Class Magistrate Court at Thungathurthy.

(ii) After release, petitioner/accused Nos.31, 42, 8, 10, 11 and 13 to 18 shall appear before the concerned S.H.O.

between 11.00 and 2.00 p.m. on first and third Sunday of every month for a period of eight (8) weeks or till filing of the charge sheet, whichever is earlier, for purpose of investigation, and thereafter, as and when required.

(iii) After release, if the petitioner/accused Nos.31, 42, 8, 10, 11 and 13 to 18 indulges in any offence, the respondent/ de facto complainant is entitled to file an application seeking cancellation of the bail granted by this Court.

(iv) The petitioner/accused Nos.31, 42, 8, 10, 11 and 13 to 18 shall abide by the other conditions stipulated in Section 480(3) of BNSS and shall co-operate with the investigation.

7.

Accordingly, the Criminal Petitions are allowed.

Miscellaneous applications, pending if any, shall stand closed.

__________________________________________ JUSTICE NARSING RAO NANDIKONDA Date: 21.05.2025 Myk/spk

THE HON'BLE SRI JUSTICE NARSING RAO NANDIKONDA CRIMINAL PETITION Nos.6567 & 6569 OF 2025 Dt: 21.05.2025 Myk/spk