M.Ashok Kumar Nayak v. The State Of Telangana

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.14277 of 2025 This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS) by the petitioners/Accused Nos.1 to 4 in the event of their arrest in connection with Crime No.579 of 2025 of Bachupally Police Station, Cyberabad Commissionerate, registered for the offences punishable under Section 118 (1) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023.

2.

The brief facts of the case are that the de-facto complainant lodged a report before police stating that her son, who is aged about 14 years, has went outside along with A.1 and accused Nos.1 to 4 bet him under the guise of that he has stolen cash from the house of his uncle and he sustained bleeding injuries. Hence, she requested for necessary action. Basing on the said complaint, police registered the case against the accused for the above offences and after registering the case, they obtained the medical certificate, which shows that the injuries sustained by the victim are grievous in nature and the Section 118 (1) r/w 3(5) of the BNS was altered to Section 118(2) of the BNS.

3.

Heard Smt. M. Sirisha Rani, 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 No.1 - State.

4.

Learned counsel for the petitioners submitted that the petitioners herein are innocent of the alleged offences and the petitioner/accused No.2 is 15 years old on the date of incident and a false case is registered against the petitioners herein and originally the case was registered for the offence punishable under Section 118 (1) r/w 3(5) of the BNS, which is below seven years and later, it was altered to Section 118(2) of the BNS. Therefore, he prayed the Court to grant anticipatory bail to the petitioners.

5.

On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioners by stating that the victim in this case is also aged about 14 years and he has sustained fractured injuries in the hands of all the accused and he sustained grievous injuries. 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, the alleged report filed by the de-facto complainant shows that the petitioner/accused No.1 bet the victim with sticks and also caused fractured injuries and the only allegation against the petitioners/accused Nos.2 to 4 is that they bet the victim with their hands. Considering the facts and circumstances of the case, this Court deems it fit to grant pre-arrest bail to the petitioners/accused Nos.2 to 4, subject to the following conditions:

i.

The petitioners/accused Nos.2 to 4 shall surrender before the Station House Officer, Bachupally Police Station, Cyberabad Commissionerate, within two weeks from today, and on such surrender, the said Station House Officer shall release them on bail on executing a personal bond for Rs.25,000/- 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, 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, this Criminal Petition is partly allowed and this Criminal Petition is dismissed against accused No.1. Miscellaneous applications, if any pending, shall stand closed.

_______________ K. SUJANA, J Date: 11.11.2025 TU

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.14277 of 2025 Date: 11.11.2025 TU