Duta Prashanth v. The State Of Telangana
THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.10972 OF 2025 ORDER :
This criminal petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') by the petitioner/A.7 seeking bail in the event of his arrest in connection with FIR No.433 of 2025 of Jagtial Town Police Station, Jagtial. The offences alleged against the petitioner are under Sections 61 (2), 127 (2), 109 r/w.3(5) of Bharatiya Nyaya Sanhita, 2023.
2.
The facts of the case are that on 05.07.2025 at about 21:00 hours, the complainant, Sri Gatia Venkatesh, lodged a written complaint stating that he had one son and one daughter, and that on the same day at about 1:30 p.m., his son Sathwik, along with his friend Naveen, went out on Honda Activa, which Naveen drove. At about 06:51 p.m., the complainant received a video message from his son's phone showing some persons beating and threatening his son. When he tried to call back, the phone was switched off. Later, Naveen brought his son home, and on enquiry, Sathwik revealed that while going to Dharur to watch "Peddapuli Veshalu" at about 04:30 p.m., four persons came in a white car stopped them near
- 2 - Dharur bus stop, forcibly pushed him into their car, and took him to Rampur hillocks, where they tied him to a tree, abused him, and beat him with hands and beer bottles with an intention to kill, alleging that by killing him they would get Rs.20 lakhs. He received bleeding injuries on his eyes and mouth. The complainant further stated that in 2024 a case had been registered against his son for following the daughter of one Amuda Ramana, and therefore the said persons might have attacked him. He came to know that one of the attackers was Madasu Abhishek, caste Mala, resident of Velgatoor. His son also informed him that Naveen had videographed the incident and tried to rescue him, but the accused did not stop the assault. As his son was under treatment at the hospital, the complainant lodged the present complaint and requested that necessary action be taken against the accused. Basing on the said complaint, the police registered the case against the accused for the above offences.
3.
Heard Sri V.Ramchander Goud, learned counsel for the petitioner and Sri D. Arun Kumar, learned Additional Public Prosecutor appearing for the respondent-State. 4.
The contention of learned counsel for the petitioner is that the statements of Lws.1 to 4 in Section 161 Cr.P.C, are
- 3 - contradictory to each other. Lws.1 to 4 not even whispered about the name of this petitioner, inspite of this, he was arrayed as accused No.7. In the remand case diary A.1 to A.6 confessed that they committed the offence with an intention to kill the victim in association with A.7. The petitioner is innocent of the said offence and he has no role in this incident. As such, prayed this Court to grant anticipatory bail to the petitioner. 5.
On the other hand, learned Additional Public Prosecutor opposed bail stating that though petitioner is not named as accused, he is a hired killer. Therefore, he is not entitled for anticipatory bail. He further stated that there are no other cases pending against this petitioner. Hence, prayed this Court to dismiss this petition.
6.
Considering the submissions made by the respective counsel and the material on record, there is no allegation against this petitioner by any one of the eye witnesses, whereas the remand case diary shows that A.7 took Rs.20 lakhs as advance and he is a hired killer. A.7 said the plan to A.2 and on 01.07.2025 A.7 along with A.2 met A.1 and he agreed to give Rs.20 Lakhs. However, even according to the remand case diary, petitioner herein is not present at the scene of offence and record shows that there are no other cases pending against this
- 4 - petitioner. Considering the same, this Court deems it fit to grant anticipatory bail to the petitioner subject to the following conditions :
i.
The petitioner/A.7 shall surrender before the I-Additional Judicial Magistrate of First Class at Jagtial within two weeks from today, and on such surrender, the Court concerned 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/A.7 shall appear before the concerned SHO at 11:00 a.m., on every Wednesday for a period of eight (8) weeks, for the purpose of investigation and thereafter, as and when required.
iii.
The petitioner/A.7 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, this Criminal Petition is allowed. Miscellaneous petitions, if any, pending shall stand closed.
_______________ K. SUJANA, J Date :10.09.2025 Rds
- 5 - THE HON'BLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION NO.10972 OF 2025 DATE :10.09.2025 Rds