The court clarifies the criteria for granting pre-arrest bail, highlighting factors like age, social standing, and absence of direct evidence.

THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA CRIMINAL PETITION NO: 5866/2025 ORDER:

This is an application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023, for grant of pre-arrest Bail. The petitioner is arrayed as Accused No.1 in Cr.No.38 of 2025 of Kotha Cheruvu Police Station, Sri Sathyasai District, which was registered with the allegation of committing the offences under Sections 126 (2), 118(1), 54 r/w 3(5) of the Bharatiya Nyaya Sanhita ( BNS ). It is reported that Section 238 (a) and 109 (1) BNS are added and Section 118 (2) is likely to be added. But, at a time of remand of accused No.3, Section 109 (1) of BNS Act is shown.

2. The petitioner/accused while denying the allegations claimed that his age is 70 years having good reputation in the area and prays for directions to release on Bail, in the event of arrest.

3. Heard both sides.

4. Point for determination:

Whether the petitioners/Accused No.1 is entitled for grant of pre- arrest bail in terms of Section 482 of BNSS ? If so, on what terms?

Point:

5. The case of the prosecution, in brief, is that there are pre-existing disputes between Accused No.3, K. Manohar, and the informant, Neeruganti Anjanayulu @ Bhenisha, particularly concerning certain agricultural lands and mango trees and a criminal conspiracy was hatched to eliminate the informant.

ii) On 20.05.2025, while the informant was travelling on his motorcycle, two unknown persons riding a two-wheeler came and hit the motorcycle on which the informant was travelling at that time one more person was present there picking up onions on the road. Those three persons alleged to have attacked the informant with stones, causing injuries to his head, eye brow, and right hand. Upon noticing people approaching, they ran away from the scene.

iii) It is further alleged that Accused No.2, is the brother-in-law of Accused No.3 (K. Manohar). He is said to be an associate of Accused No.1. Accused No.3 made a confession indicating the role of all accused persons and conspiracy to eliminate the informant.

The case of the petitioner:

6) The petitioner, who is arrayed as Accused No.1, firmly denied the allegations and submits that even as per the prosecution’s version, there is no direct role attributed to him at the time of the incident. The only alleged link to the offence is an inadmissible and confession made by Accused No.3. The petitioner is 70 years old, has a permanent residence, and he is willing to cooperate fully with the investigation and abide by any conditions imposed by this Court. He contends that he has been falsely implicated in the present case, due to the ongoing civil disputes between the informant and Accused No.3. The presence of accused No.1 during the incident is neither reflected in the complaint annexed to the FIR nor in the remand report referring to confession of accused No.3.

7) The incident is occurred on 20.05.2025, the FIR was registered on 21.05.2025 for offences under Sections 126 (2), 118(1), and 54 read with Section 3 (5) of the Bharatiya Nyaya Sanhita ( BNS ), 2023. Additional sections, including 238(a) and 109(1), were added subsequently. The learned Public Prosecutor further submitted that seven witnesses are examined, and the investigation is still pending, receiving of wound certificate is awaited and injured is discharged from the hospital.

8. Upon considering the facts and circumstances of the case, the nature and depth of the allegations, the prayer for grant of pre-arrest bail found convincing.

9. In the result, the Criminal Petition is allowed, on the following conditions:

i) Petitioner/Accused No.1 is directed to appear before the concerned Station House Officer within fifteen days and on such appearance/surrender or arrest, he is entitled for release on bail, in respect of Cr.No.38 of 2025 of Kotha C