Bhukya Sunitha v. The State Of Telangana
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT
HYDERABAD THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.15497 of 2025 DATE: 01.12.2025 Between:
Bhukya Sunitha and others .... Petitioners/accused Nos.4 to 6 AND The State of Telangana, Rep. by its Public Prosecutor, High Court at Hyderabad, Through PS Dornakal.
.... Respondent/Complainant ORDER:
This Criminal Petition is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS) by the petitioners, who are arrayed as accused Nos.4 to 6, in the event of their arrest in connection with FIR No.253 of 2025 of Dornakal Police Station, Mahabubabad District, registered
for the offences punishable under Sections 329(4), 118(1), 118(2) and 292 r/w 190 of the BNS.
2.
The brief facts of the case are that, on 25.08.2025, the de-facto complainant lodged a report before the police stating that the complainant are two brothers and all these accused came to their land on 23.08.2025 at late hours and ploughed the land of the complainant and when they questioned, all these accused beat LWs 1 to 4. Hence, he requested for necessary action. Basing on the said complaint, the police registered a case for the above said offences. 3.
Heard Sri R. Prasanth, learned counsel for the petitioners as well as Sri E. Ganesh, learned Assistant Public Prosecutor appearing on behalf of the respondent- State. 4.
The contention of the petitioners is that the petitioners herein are arrayed as accused Nos.4 to 6 and they are having small children and they are not involved in this case and they are innocent of the said allegations except their presence at the scene of offence and there are no specific overacts against these petitioners and the petitioner No.1, who is the accused
No.4 beat the complaint's wife i.e. one Bhukya Bharathi and sustained simple injuries and prayed the Court to grant anticipatory bail to the petitioners.
5.
On the other hand, learned Assistant Public Prosecutor opposed the submissions made by the learned counsel for the petitioners stating that the alleged offences under Sections 118(1) and 118(2) are grievous in nature and LW-1 sustained grievous injuries, as such, they are not entitled for the bail. Further, the investigation was not yet completed and prayed the Court to dismiss the criminal petition.
6.
In the light of the submissions made by both the learned counsel and upon perusal of the material available on record, the petitioners herein are accused Nos.4 to 6 and according to the de-facto complainant and also the Investigating Authority, the accused No.4 beat one Bhukya Bharathi and she sustained injuries, which are simple in nature. Considering the facts and circumstances of the case and also the gender and age of the petitioners herein, this Court deems it fit to grant pre-arrest bail to the
petitioners/accused Nos.4 to 6, subject to the following conditions:
i.
The petitioners/accused Nos.4 to 6 shall surrender before the Station House Officer, Dornakal Police Station, Mahabubabad District, 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.15,000/- each with two sureties, for the like sum each.
ii.
The petitioners/accused Nos.4 to 6 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.4 to 6 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 allowed. Miscellaneous applications, if any pending, shall stand closed.
_______________ K. SUJANA, J Date: 01.12.2025 TU
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.15497 of 2025 Date: 01.12.2025 TU