Gurunath Reddy v. The State Of Telangana
THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.12807 of 2025 This Criminal Petition is filed before this Court for grant of pre-arrest bail to the Petitioners who are arrayed as Accused Nos.2 to 4 in Crime No.162 of 2025 of Kosgi Police Station, Narayanpet District, 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 29.06.2025, the de-facto complainant lodged a report before the Police stating that, for the past 3 to 4 years, the complainant's brother, Raghunath Reddy, had taken agricultural land from accused No.1 i.e. Rajender Reddy on lease and was cultivating it. This year, Rajender Reddy allegedly expressed unwillingness to renew the lease and refrained from giving his land to the complainant's brother. On 29.06.2025, in the early morning hours, the complainant's brother went to the said agriculture land and took the starter box belonging to the borewell, and returned home around 9:10 AM. Thereafter, it is alleged
that Accused No.1 arrived at the complainant's house, questioned the action of removing the borewell starter box, and picked up a quarrel with the complainant. The Accused No.1 abused the complainant in filthy language and physically assaulted his brother, resulting in a bleeding injury on his head. On witnessing the assault, the complainant and his mother intervened to rescue, at which time the accused No.2 allegedly beat the complainant's mother with his hands. The complaint continues to state that A3, A4 and other accused joined and beat the complainant's family members with sticks and abused them in filthy language. Hence, he requested to take necessary action. Basing on the said complaint, the police registered a case for the above said offences. The alleged acts, as per the FIR, resulted in injuries to the complainant's side, including a grievous injury suggested by the medical certificate.
3.
Heard Sri Nallapu Manideep, learned counsel appearing on behalf of the petitioners as well as Sri Arun
Kumar Doddla, learned Additional Public Prosecutor appearing on behalf of the respondent - State. 4.
Learned counsel for the petitioners submitted that the petitioners are innocent of the alleged offence. It is further submitted that there are cases and counter-cases registered by the police basing on the complaint given by the petitioners. It is further submitted that there are specific allegations leveled against accused Nos.1, 5 and 6 and they were already granted bail by the trial Court and the accused No.1 beat the complainant's brother i.e. Raghunath Reddy and he sustained head injury which is a grievous in nature and all the other sustained simple injuries. Therefore, he prayed the Court to grant prearrest bail to the petitioners by allowing this criminal petition.
5.
On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioners stating that the allegations leveled against the petitioners are serious in nature. It is further submitted that the injuries sustained are grievous
in nature and the custodial interrogation is required. 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 originally the case was registered for the offences punishable under Sections 118(1), 352 r/w 3(5) of BNS and later, basing on the injury certificate, the section 118(1) of BNS was altered to Section 118(2) of BNS and the accused No.1 beat the complainant's brother i.e. Raghunath Reddy and he sustained head injury, which is a grievous in nature and all the other sustained simple injuries. Further, there are cases and counter-cases and the petitioners herein also sustained grievous injuries in the said quarrel.
Considering the facts and circumstances of the case, this Court deems it fit to grant pre-arrest bail to the petitioners, subject to the following conditions: i.
The petitioners/Accused Nos.2 to 4 shall surrender before the Station
House Officer, Kosgi Police Station, Narayanpet District, within two weeks from today, and on such surrender, the said Station House Officer shall release them on bail, on petitioners executing a personal bond for Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties, for the like sum each.
ii.
The petitioners/Accused Nos.2 to 4 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 petitioners/Accused Nos.2 to 4 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.12807 of 2025 Date: 06.10.2025 TU