B.Himayath v. The State Of Telangana
THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO Criminal Petition No.7016 of 2025 Order:
This Criminal Petition is filed by the petitioners/accused Nos.5 and 6, seeking anticipatory bail under Section 482 of Bharatiya Nagrik Suraksha Sanhita (BNSS), in connection with Crime No.495 of 2024 of Jagtial Rural Police Station, Jagtial District, registered for the offences punishable under Sections 61 (2), 118 (2) and 351 (2) r/w. 3 (5) of BNS and 3 (2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 2.
Heard Mr.N.Vishal, learned counsel for the petitioners/accused Nos.5 and 6, and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for the respondent/State. 3.
The case of the prosecution is that on 20.11.2024, at about 07:15 hours, while the de facto complainant was walking towards Mothe village, the accused persons despite beating the de facto complainant mercilessly, threatened him with dire consequences for asking petitioner No.2/accused No.6 to stop giving house permission in respect of government barren lands. Basing on this, the present FIR was registered.
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4.
Learned counsel for the petitioners/accused Nos.5 and 6 submitted that the petitioners have not committed any offence and they were falsely implicated in the aforesaid crime. Even according to the allegations made in the complaint as well as remand case dairy, the entire allegations are leveled against accused Nos.1 to 4 only. Accused Nos.1to 4 have approached this Court and filed Crl.P.No.14772 of 2024 for grant of regular bail and the same was allowed on 17.12.2024. The petitioners herein are the students and they are not having any criminal antecedents and are ready and willing to cooperate with the investigation officer 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 the petitioners have committed grave offence and the investigation is under progress and at this stage if the petitioners are enlarged on anticipatory bail, there is every chance to interfere with the investigation and also influence the witness. Hence, prayed to dismiss the petition.
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6.
Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that initially the Police registered the Crime for the offences under Sections 118 (1), 351 (2) r/w. 3 (5) of BNS and thereafter, the said offences were altered into Sections 61 (2), 118 (2) and 351 (2) r/w. 3 (5) of BNS and 3 (2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. The record further reveals that accused Nos.1 to 4 were arrested and were enlarged on bail pursuant to the orders passed by this Court in Crl.P.No.14772 of 2024 dated 17.12.2024. The very same allegations are leveled against the petitioner. Learned Additional Public Prosecutor, submits that 11 witnesses were already examined and the petitioners are not having any other criminal antecedents. 7.
Taking into consideration the said facts, this Court is inclined to grant anticipatory bail to the petitioners/accused Nos.5 and 6 subject to the following conditions.
1. The petitioners/accused Nos.5 and 6 shall surrender before the Station House Officer of Jagtial Police Station, on or before 24.06.2025, and on such surrender, the said Station House Officer shall release the petitioners/accused Nos.5 and 6 on bail on their executing a personal bond for Rs.25,000/- (Rupees
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twenty five thousand only) with two sureties, for a like sum each.
2. After release, the petitioners/accused Nos.5 and 6 shall appear before the concerned SHO at 11.00 A.M. on every Monday, for a period of six (6) 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 petitioners/accused Nos.5 and 6 shall not influence the witnesses or interfere with the investigation.
4. The petitioners/accused Nos.5 and 6 shall abide by the other conditions stipulated in Section 482 (2) Bharatiya Nagarik Suraksha Sanhitha, 2023 and co-operate with the Investigating Officer in investigating the case. 8.
Accordingly, the Criminal Petition is allowed. As a sequel, miscellaneous petitions, pending if any, stand closed.
___________________ J.SREENIVAS RAO, J Date: 19.06.2025 lk
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THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO Criminal Petition No.7016 of 2025 Dt: 19-06-2025 LK
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