Banoth Gopala Rao @ Gopal v. The State Of Telangana

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.13295 of 2025 ORDER:

This Criminal Petition is filed seeking the Court to enlarge the petitioners, on bail, who are arrayed as accused Nos.1 to 3 in Crime No.480 of 2025 of Khanapur Haveli Police Station, Khammam District.

2.

The brief facts of the case are that on 13.08.2025, the de-facto complainant lodged a report stating that on 12.08.2025, at about 9:30 p.m., her husband quarreled with her, went out to the road, and threatened to end his life by jumping under a lorry. At that time, one Gopal was recording a video of her husband. When her husband confronted him, a quarrel ensued, during which Gopal allegedly struck him on the head with a stick, causing bleeding injuries. When her husband's brother intervened, Gopal, along with Venu, Vinod, Laxmi, and Kavitha, allegedly assaulted both of them, causing head and hand injuries. The complainant shifted them to the Government General Hospital, Khammam, where her husband was admitted to the ICU. Based on her complaint, Crime

No.480 of 2025 was registered for offences under Sections 118(2) and 296(b) read with 3(5) of the BNS.

3.

Heard Sri B. Muralidhar, learned counsel for the petitioners, and Sri Arun Kumar Doddla, learned Additional Public Prosecutor for the respondent-State.

4.

Learned counsel for the petitioners submitted that the petitioners are innocent and falsely implicated and that Petitioner No.2 had lodged a complaint on 12.08.2025 alleging that while they were standing on the road, Mahesh, Konduri Umesh, Varun Tej, and Kartheek created nuisance by stopping vehicles and quarrelling. When the petitioners questioned them, the said persons allegedly pelted stones, assaulted the petitioners, and set fire to the scooty of accused No.5. Based on that complaint, Crime No.481 of 2025 was registered against the deceased Kartheek and others under Sections 118(1), 326(f), 308(5) read with 3(5) of the BNS. The petitioners have been in custody since 12.08.2025. Therefore, he prayed the Court to grant 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, contending that the offence falls under Section 103 of the BNS and is grave in nature and that the investigation is at an early stage, and the PME report is pending due to delay in the FSL report. Considering the severity of the offence, the petitioners are not entitled to be released on bail at this stage. Therefore, he prayed the Court to dismiss the criminal petition.

6.

In light of the submissions made by both learned counsel and upon perusal of the material available on record, it appears that the petitioners are arrayed as accused Nos.1 to 3 and have been in judicial custody since 12.08.2025. As seen from the record, accused Nos.4 and 5 were granted bail by this Court vide order dated 24.09.2025 in Crl.P.No.11779 of 2025. Further, the material part of the investigation has been completed. Considering the facts and circumstances of the case and the period of incarceration of the petitioners, this Court deems it fit to grant bail to the petitioners, subject to the following conditions:

i.

The petitioners shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, with two

sureties for a like sum each to the satisfaction of the learned II Additional Judicial Magistrate of First Class, Khammam.

ii.

The petitioners shall appear before the concerned SHO at 11:00 a.m., on every Monday for a period of eight (8) week or till filing of charge sheet whichever is earlier, for the purpose of investigation, and thereafter, as and when required.

iii.

The petitioners shall abide by the conditions stipulated in Section 437(3) of Cr.P.C. (presently, Section 480(3) of the BNSS).

7.

Accordingly, the Criminal petition is allowed. Miscellaneous applications, if any pending, shall stand closed.

_______________ K. SUJANA, J Date: 27.10.2025 SAI

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.13295 of 2025 Date: 27.10.2025 sai