Bail may be denied when allegations are severe and investigation is ongoing.

The Court made the following: ORDER:-

This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the petitioner/A8, seeking regular bail, in Crime No.2 of 2025 of Allur Police Station, SPSR Nellore District.

2. A case has been registered against the petitioners herein and others for the offences punishable under Sections 103(1) r/w 3(5) of BNS

3. The brief facts of the case are that this is the case of “Gut wrenching, an appalling and Brutal murder with common object” that occurred on 03.01.2025 at 16.00 hours at North Mopur Village Centre, Allur Mandal and reported the same in the Police Station on at 21.00 hours on the same day by the complainant Chejerla Padma on a conflict began during New Year Eve Celebrations when A1 to A3 and A7 caused a commotion in the village centre by shouting loudly riding their motor cycles and they were confronted by Jampala Niranjan, which led to a quarrel and further culminated in a tragic act of violence as the accused took the matter seriously and A1 to A6 and A8 armed themselves with hammers and sticks, initiated a violent attack intending to kill Niranjan on 03.01.2025 at 16.00 hours and in the meanwhile, the deceased/Chejerla Karthik, who is the only son of complainant intervened to rescue Niranjan, then he became a target for accused as the accused group decided to kill the deceased first to instill fear in Niranjan and others in the village and A2 to A8 when held the deceased, A1 struck the deceased on the back of his head with a hammer, causing a severe injury. The deceased was initially taken to Government Hospital, Allur, from there to Medicover Hospital, Nellore and while being taken to Chennai, as his health condition was deteriorated, he was taken to Government Hospital, Nellore, where the Doctor examined him and declared dead on 03.01.2025 at 22.30 hours. On receipt of the complaint of the complainant, initially a case was registered under Section 109(1) r/w 3(5) of BNS on Section 103(1) r/w 3(5) of BNS on 03.01.2025 at 21.00 hours. Later, as per the death intimation, the Section of law was altered from Section 109(1) r/w 3(5) of BNS to Section 103(1) r/w 3(5) of BNS and took up investigation into this case. On 10.01.2025, as per the confession statements of A1 to A8 and basing on the merits of investigation section of law altered to Section 103(1), 61(2), 191(2) (3), 115(2) r/w 190 of B.N.S. from 103 r/w 3(5) of B.N.S. During the course of investigation, the A1 to A6 and others were arrested on 05.01.2025 and on 09.01.2025 A7 was arrested and sent them for remand and since then they have been in judicial custody.

4. Heard. Perused the record.

5. Learned counsel for the petitioner submits that police arrested the petitioner/A8 on 06.01.2025 and since then he has been in judicial remand. Hence, prays to allow the petition.

6. Learned Assistant Public Prosecutor, while opposing the prayer of the petitioner on the ground that the investigation has not been completed and prays to dismiss the petition.

7. After careful observation of the material on record and submissions made on behalf of both sides, the severe nature of allegations against the petitioner, this Court is not inclined to grant bail to the petitioners at this stage.

8. In the result, the Criminal Petition is dismissed.