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2025 Supreme(Telangana) 135

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD 
Narsing Rao Nandikonda, J.
Guvala Gopi - Appellant 
Versus 
The State of Telangana - Respondent 
Criminal Petition No.6480 Of 2025
Decided On : 14-05-2025

Advocates:
Advocate Appeared:
For the Appellant : VEERA BABU GANDU
For the Respondent: PUBLIC PROSECUTOR

The court denied bail based on serious assault allegations and criminal history, emphasizing the risk of witness interference and the ongoing investigation.

Headnote:(A) Bharatiya Nagarik Suraksha Sanhitha, 2023 - Sections 480 and 483 - Bharatiya Nyaya Sanhitha, 2023 - Section 109 - Criminal petition for bail - Allegations of assault resulting in serious injury - Petitioner's claims of false implication and lack of interference with investigation - Court finds serious allegations and criminal antecedents present - Granting bail not justified given the gravity of the offence and pending investigation. (Paras 1-6)

(B) Right to bail - Consideration of serious allegations and potential influence on witnesses - Prior criminal history impacts bail decision. (Paras 5-6)

Facts of the case:
The petitioner was accused of assaulting the complainant with a beer bottle, resulting in serious head injuries requiring medical treatment. The incident arose during a gathering of friends, and the complainant reported the assault to police after receiving medical care.

Findings of Court:
The petitioner has serious allegations against him, with prior criminal involvement, suggesting potential interference with the investigation if bail is granted.

Issues: The main issues were the nature of allegations, the petitioner's criminal background, and whether bail should be granted.

Ratio Decidendi: The court ruled that the severity of the allegations and the accused's criminal history warranted denial of bail, emphasizing that a bail grant could jeopardize the investigation.

Result: Criminal Petition dismissed.

Table of Content
1. details of the alleged assault incident (Para 1 , 2)
2. arguments for bail and allegations clarity (Para 3 , 4)
3. court's reasoning on bail denial (Para 5 , 6)
4. final order dismissing the petition (Para 7)

ORDER :

1. This Criminal Petition is filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short ‘ BNSS ’) seeking bail to the petitioner/accused in Crime No. 284 of 2025 on the file of the Police Station Madhura Nagar, Hyderabad registered for the offences punishable under Section 109 of the Bharatiya Nyaya Sanhitha, 2023 (for short ‘BNS’).

2. The case of the prosecution is that on 16-04-2025, the accused was invited by his friend Shiva to his residence at Yousufguda, Hyderabad. Upon arrival, the complainant, along with Shiva, Bhaskar, Gopi, Suraj, and Adoni, consumed alcohol and slept there. On the next day, i.e., 17-04-2025, at around 12:00 noon, while the complainant was still sleeping on the floor in one of the bedrooms at Shiva's house, his friend Gopi attempted to wake him up and ordered him to go outside and get a cigarette. When the complainant replied that he was tired and did have the patience to go out, Gopi became angry and threatened him in filthy language. Gopi picked up a beer bottle and struck the complainant on the left side of his head, resulting in a bleeding head injury. He also verbally abused the complainant using obscene language and continued threatening to kill him while holding the broken bottle in his hand. The other friends present at the location immediately shifted the injured complainant to Osmania General Hospital the hospital, the complainant received 10 stitches to the left side of his head. and his left eye had also become swollen due to the assault. The complainant stayed at home in fear, worried that Gopi might come to his house and attempt to kill him. Later, Khader, a neighbor living opposite to the complainant's house, visited and inquired about the incident. Upon learning the details, Khader advised the complainant to lodge a police complaint against Gopi for the brutal assault. Subsequently, the complainant approached Madhura Nagar Police Station on 18-04-2025 and submitted a written complaint, requesting necessary legal action to be taken against the accused Gopi as per law.

3. Heard Mr. Veera Baby Gandu, learned counsel appearing for the petitioner/accused and Mr. M. Ramachandra Reddy, learned Additional Public Prosecutor appearing for the respondent-State. Perused the record.

4. Learned counsel for the petitioner/accused contended that the petitioner/accused has not committed the alleged offence and he was falsely implicated in the above crime and that the ingredients of Section 109 of the BNS are not attracted against the petitioner/accused. He further contended that there was no truth in the allegations made by the de facto complainant and the petitioner/accused is not having any other criminal antecedents and he is ready and willing to cooperate with the investigation and also abide by the conditions, which are going to be imposed by this Court, and hence, prayed for grant of bail.

5. Learned Additional Public Prosecutor on instructions would submit that there are serious allegations in respect of the petitioner/accused. It is a clear case of attempt to commit murder and that if the petitioner is enlarged on bail, there is every chance to interfere with the investigation and also influence the witnesses. Hence, prayed to dismiss the petition.

6. Having considered the rival submissions made by respective parties and after perusal of the material available on record, it reveals that the petitioner/accused is also having criminal antecedents and serious allegations are levelled against the petitioner/accused and he was also alleged as accused in another Crime vide Crime No. 661 of 2024. In the said circumstances, it is not a fit case for grant of bail to the petitioner/accused at this stage, especially when the investigation is under

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