IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NARSING RAO NANDIKONDA, J.
Sri.Kanakati Venkateshwarlu Venkanna - Appellant
Versus
The State of Telangana - Respondent
Criminal Petition Nos.6561 & 6570 Of 2025
Decided On : 21-05-2025
| Table of Content |
|---|
| 1. nature of the criminal petition and accusations. (Para 1 , 3) |
| 2. court's assessment of evidence and bail refusal. (Para 2 , 6) |
| 3. arguments regarding bail and involvement. (Para 4 , 5) |
| 4. conclusion on the bail petitions. (Para 7) |
ORDER :
1. These Criminal Petitions are filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘ BNS S ’) by the petitioners/accused Nos.1, 2 to 4, 6 & 7, seeking bail in Crime No.45 of 2025 on the file of Noothankal Police Station, Suryapet District, registered for the offences punishable under Sections 249 , 189(2), 191(2), 191(3), 61(2) & 103(2), r/w 190 of the Bharatiya Nyaya Sanhita, 2023 (for short, ‘ BNS ’).
2. Heard learned counsel appearing for the petitioners/accused Nos.1, 2 to 4, 6 & 7 and learned Additional Public Prosecutor appearing for the respondent/State. Perused the entire material placed on record.
3. The case of the prosecution is that on 17.03.2025 at about 16:00 hours the de-facto complainant lodged a complaint stating that accused Nos.1 to 31 formed into an unlawful assembly armed with deadly weapons and when the deceased was coming to the house from his agriculture land, they were attacked and beat him to death due to political rivalry.
4. Learned counsel for the petitioners contended that though the names of the petitioners were mentioned in the complaint, there is no role played by the petitioners and that false allegations were levelled against them. He further argued that the petitioners are innocent persons and they are nothing to do with the aforesaid offences. He further stated that petitioners/accused Nos.1, 2 to 4, 6 & 7 are kept in judicial custody for more than 40 days from their arrest and the allegations made against them do not constitute any offences alleged by the prosecution and hence he prays for grant of bail to the petitioners.
5. On the other hand, learned Additional Public Prosecutor opposed for grant of bail stating that that accused No.1 planned how to murder the deceased and conducted meeting with accused Nos.2 to 31 and 33 to 40 held on 13.03.2025 and advised accused Nos.2 to 8 to kill him at any cost. He further submits that if the accused persons are released on bail, they may tamper the witnesses and hence he prays to dismiss the petition.
6. Having considered the rival submissions made by learned counsel for the respective parties and after perusal of the entire material available on record, as there is direct and active involvement of the petitioners in the aforesaid crime and as there are serious allegations against the petitioners, this Court is not inclined to grant bail to the petitioners at this stage.
7. Accordingly, these Criminal Petitions are dismissed.
Miscellaneous applications, pending if any, shall stand closed.
Direct participation in a crime is essential for denying bail; mere mention in a complaint is insufficient without evidence of involvement.
The court denied bail due to the gravity of the charges, ongoing investigation, and potential risks of evidence tampering by the accused.
The court emphasized the principle that bail may be granted with conditions to prevent tampering with evidence, while considering the severity of charges against the accused involved.
The court denied anticipatory bail based on the grave nature of allegations and the risk of evidence tampering, emphasizing the seriousness of the charges faced by the petitioners.
The court denied bail based on serious assault allegations and criminal history, emphasizing the risk of witness interference and the ongoing investigation.
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