Pothuri Mahesh v. The State Of Telangana

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.11681 of 2025 ORAL ORDER:

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of pre-arrest bail to the petitioners, who are arrayed as accused Nos.3 and 4 in Crime No.445 of 2025 before the Vemulawada Police Station, Rajanna Sircilla District. 2.

The brief facts of the case are that on 04.09.2025, at around 11:00 p.m., accused No.1 called the de facto complainant to Mallaram Chowrastha to settle a land dispute. When the complainant went there with one Raju, accused Nos.1 to 4 were present. It was alleged that accused No.1 abused and tried to stab him with a knife, causing a simple injury to his finger, while accused Nos.3 and 4 beat him with a stone and a stick. The complainant later took treatment in Civil Hospital 3.

Heard Sri P.Prabhakar Reddy, learned counsel appearing on behalf of the petitioners as well as Sri D. Arun

Kumar, learned Additional Public Prosecutor appearing on behalf of the respondent - State.

4.

Learned counsel for the petitioners submitted that the petitioners were falsely implicated and had no dispute with the complainant. He submitted that the petitioners had lawfully purchased land from Chinthalakoti Ellaiah, which led to a dispute between accused No.1 and Pawan Kalyan, not with the complainant. On the day of the Ganesh idol immersion procession, a quarrel took place in which both sides, including the petitioners, received simple injuries. He contended that the petitioners were small farmers, permanent residents of Vemulawada, and their families depended on them. Therefore, he prayed the Court to grant pre-arrest bail to the petitioners by allowing this criminal petition. 5.

On the other hand, the learned Additional Public Prosecutor opposed the petition stating that accused No.3 was involved in three other crimes and that a rowdy sheet had been opened against him. He further submitted that there were serious allegations against the petitioners and that the

injured was still undergoing treatment. Therefore, he prayed that the Court dismiss the criminal petition. 6.

In light of the submissions made by both learned counsel and upon perusal of the material available on record, the instructions received by the Public Prosecutor showed that accused No.3, who is Petitioner No.1, was involved in three other crimes and that a rowdy sheet had also been opened against him. Therefore, the petition as against petitioner No.1/accused No.3 was liable to be dismissed. Further, the allegation against Petitioner No.2/accused No.4 was that he beat one Raju with a stick, but not the de facto complainant. Therefore, considering the facts and circumstances of the case, this Court deemed it fit to grant pre-arrest bail to Petitioner No.2/Accused No.4, subject to the following conditions:

i.

The petitioner No.2/accused No.4 shall surrender before the Station House Officer, Vemulawada Police Station, Rajanna Sircilla District, within two weeks from today, and on such surrender, the said Station House Officer 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 No.2/accused No.4 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 No.2/accused No.4 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, the Criminal Petition is allowed in part. The criminal petition is dismissed against petitioner No.1/accused No.3.

Miscellaneous petitions, if any, pending shall stand closed.

_______________ K. SUJANA, J Date: 17.09.2025 sai

THE HON'BLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION NO.11681 OF 2025 DATE:17.09.2025 SAI