Culpable homicide charges against vehicle occupants require proven intent or knowledge of causing death; absence of such demonstrates a lack of prima facie case for liability.

ORDER :

K. SREENIVASA REDDY, J.

"Notice to unofficial respondent.

Learned counsel for the petitioner(s) is permitted to take out personal notice to unofficial respondent by RPAD and file proof of service thereof, into the Registry within two weeks.

2. The petitioners in these Criminal Petitions are arrayed as accused in crime No.640 of 2025 of Nallapadu police station, Guntur district. They filed the respective Criminal Petitions seeking to quash the proceedings in the aforesaid crime against them;

3. Since all the Criminal Petitions arise out of same crime, common order is being passed in all the Criminal Petitions.

4. Pursuant to a report dated 18.06.2025 lodged by one Smt. Chili Lurdu Mery, originally, the aforesaid case was registered for the offence punishable under Section 106 (1) BNS . The allegations in the report lodged by her are that on 18.06.2025 at about 9.00 AM, her husband Singaiah left their house stating that either he would go to his work or he would go to see Sri Y.S.Jagan Mohan Reddy who was visiting Rentapadu of Sattenapalli Mandal on that day; that her brother Sarath Kumar received a phone call stating that the said Singaiah met with an accident and was lying near Anjaneyaswamy idol situated in Etukuru bypass road with injuries, and on that, when the informant, along with her brother and son, were proceeding to the said place her brother received a phone call stating that the injured was being taken to Government General Hospital, Guntur in Ambulance and they were asked to come to the Hospital; that when they reached the GGH, Guntur, they found that the injured succumbed to the injuries.

5. After lapse of four days, basing on the statement of one Nimmakayala Durga Rao dated 22.6.2025 the Section of law was altered from Section 106 (1) BNS to Section 105 read with 49 BNS .

6. These cases came up for hearing on 27.6.2025 for admission. On the said date, the learned Advocate General appearing for State sought time till Tuesday i.e. 01.07.2025. As the learned senior counsel appearing on behalf of the petitioners apprehended that there was threat of arrest to the petitioners, this Court passed an Order on that day direction not to take coercive steps against the petitioners, and directed to list the matter to today at the request of the learned Advocate General. When the cases came up today, the learned Advocate General sought further time to rely upon certain documents. It is settled proposition of law that in a petition filed under Section 528 BNSS seeking to quash a proceedings, this Court has to rely upon the averments contained in the FIR or charge sheet, and examine whether a prima facie case for the offences alleged is made out or not, even if entire accusations in the said documents are accepted as true and correct.

7. Heard Sri S.Sriram, learned Senior counsel appearing for the petitioners.

8. The learned senior counsel submits that originally, pursuant to a report lodged by wife of the deceased Singaiah, the case was registered for the offence punishable under Section 106 (1) BNS and subsequently, basing on the statement of one Durga Rao, the Section of law was altered from Section 106 (1) BNS to Section 105 read with 49 BNS and A.2 to A.6 were added. The learned senior counsel submits that the even accepting the entire accusations to be true, the offence under Section 105 BNS would not attract as against the petitioners. He submits that the petitioners are only inmates of the vehicle, and criminal liability cannot be fastened on the inmates present in the vehicle. He submits that the police launched prosecution as against the driver of the vehicle. The learned senior counsel submits that in order to attract the offence punishable under Section 105 read with 49 BNS , it is essential that there should be intention on the part of the petitioners to cause death of the deceased, but because the petitioners were inmates, there would not be any intention or knowledge on their part to cause death of the deceased.

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