Edla Sidda Reddy v. The State Of Telangana
THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.12564 of 2025 This Criminal Petition is filed before this Court for grant of pre-arrest bail to the Petitioner who is arrayed as Accused No.2 in Crime No.165 of 2025 of Rajapet Police Station, Rachakonda Commissionerate, registered for the offences punishable under Sections 118(1), 352 r/w 3(5) of BNS.
2.
The brief facts of the case are that on 02.08.2025, the de-facto complainant lodged a report before the Police stating that on 15.07.2025 at 17:40 hrs, the de-facto complainant's husband was doing agriculture work alone at their land and at that time, on the instigation of the accused No.1, the accused No.2 came there along with 4 unknown persons and attacked her husband, when he called his brother Venkat Reddy and he rushed to there and he saved him from their attack, but they beat Venkat reddy with iron rod over his leg and hand and sustained grievous injuries and immediately, he called 100 and the police came there and rescued the de-facto complainant's
husband. Hence, the complainant requested to take necessary action. Basing on the said complaint, the police registered a case in Crime No.165 of 2025 for the above said offences.
3.
Heard Sri S. Srinivasa Chary, learned counsel appearing on behalf of the petitioner as well as Sri Arun Kumar Doddla, learned Additional Public Prosecutor appearing on behalf of the respondent - State. 4.
Learned counsel for the petitioner submitted that the petitioner is innocent of the alleged offences. It is further submitted that there is a delay of 15 days in lodging the report before the police. It is further submitted that there is no such grievous injuries to attract the offence punishable under Section 118 (2) of BNS, which was altered basing on the medical certificate, from the originally registered Section 118 (1) of BNS. It is further submitted that the petitioner is ready to cooperate with the investigation. Therefore, he prayed the Court to grant pre-arrest bail to the petitioner by allowing this criminal petition.
5.
On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner stating that the allegations leveled against the petitioner are serious in nature. It is further submitted that the victim sustained grievous injuries including fracture to the leg. Therefore, he prayed the Court to dismiss the criminal petition. 6.
In light of the submissions made by both the learned counsel and upon perusal of the material available on record, it appears that the complaint was lodged on 02.08.2025 and the date of the incident was 15.07.2025 and according to the de-facto complainant, the injured person one Venkat Reddy has called 100 and the police came there and rescued the de-facto complainant's husband, but, initially no case was reported and there is no reason as to why there was a delay for lodging the report before the police. According to the de-facto complainant, the injured sustained injuries on leg and hand and as seen from the injury certificate, there is only one injury i.e. swelling on the leg.
Further, as there is a delay in lodging the report before the police and discrepancies in the registration of the case. Considering the facts and circumstances of the case, this Court deems it fit to grant pre-arrest bail to the petitioner, subject to the following conditions: i.
The petitioner/Accused No.2 shall surrender before the Station House Officer, Rajapet Police Station, Rachakonda Commissionerate, within two weeks from today, and on such surrender, the said Station House Officer shall release him on bail, on petitioner executing a personal bond for Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties, for the like sum each.
ii.
The petitioner/Accused No.2 shall abide by the other conditions stipulated in Section 482(2) of
Bharatiya Nagarik Suraksha Sanhita, 2023 and co-operate with the Investigating Officer in investigating the case.
iii.
The petitioner/Accused No.2 shall appear before the concerned Investigating Officer on every Monday between 09:00 a.m, and 05:00 p.m., till the filing of the charge sheet and thereafter, as and when required.
7.
Accordingly, the Criminal petition is allowed. Miscellaneous applications, if any pending, shall stand closed.
_______________ K. SUJANA, J Date: 06.10.2025 TU
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.12564 of 2025 Date: 06.10.2025 TU