Doti Aliaiah v. The State Of Telangana

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.15151 of 2024 ORDER:

This Criminal Petition is filed under section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for granting of pre-arrest bail to the petitioners/accused Nos.2 to 4 in Crime No.233 of 2024 of Pochampally Police Station, Rachakonda. 2.

The brief facts of the case are that on 18.11.2024, at about 12:30 hours, when the de-facto complainant, along with one of his sons namely Srisailam, went to MRO Office, Pochampally, for registration of the land, accused Nos.1 to 4, who are sons of the de-facto complainant, despite quarreling, beating him mercilessly, they also took documents from him. Hence, a case was registered vide Crime No.233 of 2024 before the Pochampally Police, Rachakonda, for the offences punishable under Sections 115(2), 118(1), 126(2), 351(2) and 3(5) of the BNS.

3.

Heard Sri R.Mangulal, learned counsel appearing on behalf of the petitioners as well as Sri Syed Yasar Manoon,

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

4.

Learned counsel for the petitioners submitted that though the dispute is in respect of land, a criminal case was filed against the petitioners with false and fabricated allegations. He further submitted that the petitioners are no way concerned with the alleged offences. Hence, he prayed the Court to grant anticipatory bail to the petitioners. 5.

On the other hand, learned Additional Public Prosecutor submitted that the investigation is not yet completed, therefore, granting anticipatory bail to the petitioners, at this stage, does not arise. Hence, he prayed the Court to dismiss the criminal petition.

6.

Having regard to the submissions made by both the parties and a perusal of the material placed on record, prima facie, it is apparent that though the injuries are grievous in nature, no weapon is used by this petitioner in the alleged incident to attract the provisions under Section 118(2) of the BNS. It is pertinent to note that material part of the investigation is completed. Therefore, considering the facts and circumstances of the case, this Court is of the considered

view that it is a fit case for granting of anticipatory bail to the petitioners.

7.

Accordingly, this petition is allowed granting anticipatory bail to the petitioners subject to the following conditions:

i.

The petitioners shall surrender before the Station House Officer of P.S.

Pochampally, 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 shall appear before the concerned Station House Officer on every Monday between 9:00 A.M. to 10 P.M., for a period of eight (08) weeks or till filing of charge sheet whichever is earlier.

iii.

The petitioners 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.

Miscellaneous applications, if any pending, shall stand closed.

_______________ K. SUJANA, J Date: 18.12.2024 gms

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.15151 of 2024 Date: 18.12.2024 gms