The court emphasized that serious crimes with premeditated actions and potential threats to witnesses warrant denial of bail, especially when no change in circumstances is presented.

ORDER :

V R K Krupa Sagar, J.

This Criminal Petition, under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNSS ), is filed by the petitioner/A.1 seeking regular bail in Crime No.184 of 2024 of Vinukonda Police Station, Palnadu District, registered for the offences punishable under Sections 103(2), 189(2), 191(2), 191(3) and 61(2) read with 190 of BNS and Section 27 of Arms Act, 1959 .

2. Heard arguments of Sri Shaik Meeravali, the learned counsel for petitioner and the learned Assistant Public Prosecutor for respondent-State.

3. Perused the record.

4. Prosecution case is that Sri Rasheed was murdered on 17.07.2024 at 8:00 P.M. on a road in Vinukonda Town. It is stated that there have been disputes between the deceased and Sri Shaik Jilani @ Jani/A.1. A.1 had an information that the deceased was available near Government Wine shop and with a view to kill him he contacted his aides/A.2, A.5, A.8, A.10 to A.15 and A.17 to 20 and a juvenile in conflict with law and on his instructions the rest of the accused reached the Government Wine shop. The deceased noticed them and started running away. A.1 and his associates ran after him. A.1 was able to reach the deceased and he caught hold of him. His associates surrounded the deceased preventing the general public from interfering. Then using a mutton cutting knife A.1 attacked the victim and by his first blow the left hand of the victim below the left elbow was severed. A.1 did not refrain himself and he further proceeded and had hacked on the head, neck, right hand of the victim and caused serious injuries. The deceased fell in a pool of blood. The associates of A.1 were wielding sticks. The incident occurred on the road and several people captured the incident using cameras available in their mobile phones and the said videos were circulated through social media. One of the police officers who happened to be on bandobust duty around the spot of offence was able to apprehend A.1 and recovered the crime knife from his possession.

5. The brother of the deceased, having got the information about the attack on his younger brother rushed to the spot and found the victim struggling for life. When they were shifting the injured to the hospital he died enroute. Then the elder brother of the deceased lodged written information at 1:00 A.M. on 18.07.2024.

6. A.1 in the said crime was remanded to judicial custody. He filed Crl.M.P.No.382 of 2024 before the learned XIII Additional District and Sessions Judge, Narasaraopet seeking regular bail. The other accused filed similar petitions. By a common order dated 29.08.2024 the learned Additional Sessions Judge dismissed the petition of A.1 as well as the petitions of other accused.

7. It is thereafter A.1 moved Criminal Petition No.6748 of 2024 praying for regular bail. This Court in a detailed order dated 06.11.2024 running into 14 pages declined to grant bail.

8. It is after lapse of two months the present renewal bail petition is filed for A.1.

9. In the bail petition the following grounds are urged and the learned counsel for petitioner argued them:

The petitioner herein had not committed the overt acts as averred by the prosecution and he was falsely implicated without any iota of evidence. On bare perusal of the instant prosecution case, it is manifestly evident that the alleged offences registered against the petitioner are not attracted in any manner. It is pertinent to note that the present complaint is foisted, concocted and frivolous, afterthought, artificial, tutored, stereotypical and preferred purely with an oblique motive to wreak vengeance against the petitioner herein. Even as per the averments presented in t