Kenda Poshetty, v. The State Of Telangana

The Hon'ble Sri Justice J.Sreenivas Rao Criminal Petition No.6873 of 2025 Order:

This Criminal Petition is filed under Section 482 of the Bharatiya Nagarika Suraksha Sanhita, 2023 (for short, 'BNSS') seeking anticipatory bail to the petitioners/accused Nos.3 & 4 in Crime No.248 of 2025 of Mavala Police Station, Adilabad District, registered for the offences punishable under Sections 331(6), 118(1), 115(2) and 292 of Bharatiya Nyaya Sanhitha, 2023 (for short 'BNS').

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The case of prosecution in brief is that on 03.06.2025 at about 17:00 hours, the complainant lodged a complaint, stating that on 02.06.2025 at about 23:00 hours, petitioners/accused Nos.3 and 4 and other accused in the aforesaid crime came to his house, and by keeping previous grudges in mind, abused him and his family members in filthy language and beat his mother and father with rigid bracelet and rod and also his sisters, who obstructed them, and as a result of which his

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mother received injury at right cheek and his father received bleeding injury on his face. Basing on the above complaint, the present crime is registered against the petitioners for the aforesaid offences.

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Heard Mr. S. Ravi Kiran Reddy, learned counsel for the petitioners/accused Nos.3 & 4 and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondent-State. 4.

Learned counsel for the petitioners submits that the petitioners have not committed any offence and they were falsely implicated in this case. Learned counsel further submits that except the offence under Section 331(6) of BNS, all other offences in the present crime are punishable with imprisonment upto seven years and there are no specific allegations levelled against the petitioners to attract the ingredients of Sections 331(6), 118(1), 115(2) and 292 of BNS. He further submits that very same allegations are levelled against accused Nos.1 and 2 and they were already arrested and enlarged on bail vide order dated 10.06.2025 in Crl.M.P.No.208

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of 2025 on the file of Special Judicial First Class Magistrate Mobile (PCR), Adilabad. He further submits that the petitioners/accused Nos.3 and 4 are eking out their livelihood by working as coolies and they have no criminal antecedents and petitioner No.1 is aged about 61 years and is suffering with old age ailments and they be granted bail as they are ready and willing to cooperate with the investigation and abide by the conditions as may be imposed by this Court.

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On the other hand, learned Additional Public Prosecutor submitted that petitioners have committed grave offence and specific allegations are levelled against the petitioners and the investigation is under progress and at this stage if the petitioners are granted anticipatory bail, there is every chance of their influencing the witnesses and interfering with the investigation. 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 except the offence under Section 331(6)

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of BNS, all other offences in the present crime are punishable with imprisonment upto seven years and accused Nos.1 and 2 in the aforesaid crime were already arrested and enlarged on bail. Even according to the learned Additional Public Prosecutor, eight witnesses were already examined and the petitioners are not having any criminal antecedents. 7.

In view of the same, this Court is inclined to grant anticipatory bail to the petitioners/accused Nos.3 and 4, subject to the following conditions:

i. The petitioners/accused Nos.3 & 4 shall surrender before the Station House Officer, Mavala Police Station, Adilabad District, on or before 24.06.2025, and on such surrender, the said Station House Officer shall release the petitioners/accused Nos.3 & 4 on bail on their executing personal bonds for Rs.15,000/- (Rupees Fifteen Thousand only) each with two sureties each for a like sum.

ii. On such release, petitioners/accused Nos.3 & 4 shall appear before the Station House Officer, Mavala Police Station, on every Monday

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at 11:00 a.m. for a period of eight (8) weeks or till filing of the charge sheet, whichever is earlier, for the purpose of investigation, and thereafter, as and when required.

iii. After release, the petitioners/accused Nos.3 & 4 shall not influence the witnesses or interfere with the investigation.

iv. Petitioners/accused Nos.3 & 4 shall abide by the conditions stipulated under Section 482(2) of BNSS and shall cooperate with the Investigating Officer in the investigation.

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Accordingly, the Criminal Petition is allowed. As a sequel, miscellaneous petitions, pending if any, stand closed.

___________________ J.SREENIVAS RAO, J Date: 17.06.2025 LUR