The court emphasized that pre-arrest bail cannot be denied based on vague, omnibus allegations lacking specific overt acts attributed to each accused.

Y. LAKSHMANA RAO, J.

1. Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNS S ’), seeking to enlarge the Petitioners/Accused Nos.1 to 10 on pre-arrest bail in Crime No.125 of 2025 of Bukkarayasamudram Police Station, Ananthapuram District, registered against the Petitioners/Accused Nos.1 to 10 herein for the offences punishable under Sections 118 (2) read with 3(5) of Bharatiya Nyaya Sanhita 2023 (for brevity ‘the BNS ’).

2. The facts in brief, as presented by the prosecution, are that on 09.07.2025 at 8:30 p.m., at Chennampalli Village, an incident occurred which was reported at the police station on 10.07.2025 at 1:30 a.m. It is alleged that Accused Nos.1 to 10 went to the Shirdi Saibaba Temple, where the complainant and his associates were engaged in decorating the temple and making arrangements for devotees in view of the Guru Pournami celebrations. The accused allegedly obstructed the complainant from proceeding with the Guru Pournami pooja. With the intention to disrupt the program, all the accused allegedly attacked the complainant and his associates with sickles and sticks and caused bleeding injuries to the complainant and others.

3. Heard learned counsel for the Petitioners and the learned Public Prosecutor.

4. Sri Gundala Sivaprasad Reddy, the learned counsel for the Petitioners, submits that the Petitioners have not committed any offence; they were falsely implicated in this case; they are the sole bread winner of their family; they are ready to abide any conditions to be imposed by this Court. It is further submitted that the Petitioner No.8/Accused No. 12 was arrested by the Investigating Officer after filing of this criminal petition, hence, the petition against the Petitioner No.8/Accused No. 12 may be dismissed as infructuous. and he further submits that Accused Nos.8, 9, 10, 11, 13, 14, 17 and 18 were already enlarged on regular bail by the learned Trial Court. The learned counsel for the petitioners further submits that a counter case was also registered on the report lodged by one of the accused herein. It was registered as a case in crime No. 126 of 2025. The learned counsel for the petitioners filed photographs of the injured and argues that several accused persons suffered grievous injuries, but the investigating officer has not added 118(2) of ‘the BNS .,’ for the reasons best known to the investigating officer, and urges that in the interest of justice, ail the petitioners may be granted pre-arrest bail.

5. Per contra, Ms.P. Akhila Naidu, the learned Assistant Public Prosecutor, opposed in granting pre-arrest bail stating that investigation is not yet completed. If the petitioners are granted pre-arrest bail, they will not be available for the investigation. It is further submitted that as L.Ws.2 and 3 suffered grievous injuries in the hands of the petitioners and the other accused, section 118(2) of ‘the BNS ’ was also added in this case. L.Ws.2 and 3 suffered grievous injuries. LW.1 suffered simple injuries; some more witnesses have to be examined and some more accused are to be arrested. It is urged that the criminal petition may be dismissed.

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6. Perused the record.

7. As seen from the record, a counter case was also lodged by one of the accused, which was registered as FIR No.126 of 2025. The learned counsel for the petitioners filed a memo along with additional grounds, appending with certain photographs of the injured/accused in this crime. On seeing those photographs, it is clear that the persons shown therein sustained severe bleeding injuries on their heads. On a bare perusal of the averments in the FIR and the statements of the witnesses, L.Ws.2 and 3, recorded under Section 161 of the Cr.P.C., it is evident that there are no specific overt acts attributed to the petitioners, that is to say, which accused caused which injury, on which part of the body of the victims/witnesses, and with which weapon those injuries were i