Pre-arrest bail may be granted if allegations are unsubstantiated and cooperation with the investigation is assured.

ORDER :

A. HARI HARANADHA SARMA, J.

1. This is an application filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of pre-arrest bail.

2. The petitioners herein are arrayed as accused Nos.1 to 6 and 8 to 15, in Crime No.80 of 2025 of Puttur Police Station, Tirupathi District, registered with the allegation of committing the offences punishable under Sections 118(1), 115(2), 74, 351(2) r/w. 3(5) BNS.

3. The petitioners, while denying the allegations made against them, contended that they are, in fact, the victims and their complaint is covered by Crime No.79 of 2025 of the same Police Station. However, to victimize them, they are arrayed as accused in the present case, at the instance of the complainant-party in this case.

4. Heard both sides.

5. Point for determination:

Whether the petitioners/A1 to A6 and A8 to 15 are entitled for grant of pre-arrest bail in terms of Section 482 of BNSS ? If so, on what terms?

Point:

Case of Prosecution:-

6. The case of prosecution, in brief, is that one E. Kavitha alias Bujji, informant reported to police on 02.06.2025 that, on the night of 27^th May (Tuesday) i.e. in the early morning of Wednesday (28.05.2025) at about 03:00 a.m., during Gangamma Jathara celebrations, while she along with others going on the procession, when they reached near the house of M. Ranemma alias M.Rani / A14 and M. Kranthi Kumar / A10 etc., the accused party, with an evil intention to stop the jatara/celebrations, all of a sudden attacked the informant and others with deadly weapons. One of the accused, by name M. Srinath (Vinay)/A7, misbehaved with the informant and he tore her blouse, thereby insulting her modesty. Further, the accused even threatened the informant party that they will be eliminated. Hence, the accused are liable for prosecution in terms of the sections under which the case is registered.

Case of the petitioners:

7. While denying the allegations, the petitioners submitted that earlier there was an attack by the informant party and a complaint was lodged by P.Aruna/A1 herein, which is covered by Crime No.79 of 2025 of the same Police Station registered on 31.05.2025 for the offences under Sections 118(1), 115(2) 351(2) r/w. 3(5) of BNS.

Submissions:

8. It is submitted by the learned counsel for the petitioners that the party of petitioners’ was standing to offer prayers for Gangamma Ammavaru. At that time, one T. Surendra, T. Sivaiah, T. Umapathi etc., who are arrayed as accused in Crime No.79 of 2025, attacked the petitioners party. The informant herein i.e. E. Kavitha alias Bujji is one of them and she is arrayed as A8 in Crime No.79 of 2025. Therefore, the petitioners are entitled to the relief of pre-arrest bail.

Analysis, discussion and conclusions:-

9. The parameters to be considered while granting the bail are as follows:

“(i) whether there is any prima facie or reasonable ground to believe that the accused had committed the offence;

(ii) nature and gravity of the accusation;

(iii) severity of the punishment in the event of conviction;

(iv) danger of the accused absconding or fleeing, if released on bail;

(v) character, behaviour, means, position and standing of the accused;

(vi) likelihood of the offence being repeated;

(vii) reasonable apprehension of the witnesses being influenced; and (viii) danger, of course, of justice being thwarted by grant of bail.”

10. In spite of granting time and posting the matter from time to time i.e. on 23.06.2025, 25.06.2025, 27.06.2025 and 30.06.20285, the concerned Police did not furnish Case Diary (CD) or complete information. The material placed is indicating that a Crime was registered at the instance of petitioners herein vide Crime No.79 of 2025 on 31.05.2025, whereas the present case, i.e. C