The gravity of criminal charges outweighs personal circumstances in pre-arrest bail considerations.

ORDER

The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS ’) by the petitioner/Accused No.4 for granting of pre-arrest bail in connection with Crime No.24 of 2025 of Thamballapalli Police Station, Chittoor District, registered for the alleged offences punishable under Sections 115 (2), 324(4), 118(1), 351(3)

read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’).

2. The case of the prosecution is that on 10.05.2025 at 07:30 p.m., the complainant, Yeddula Niranjan had gone to flour mill to grind rice. After handing over the rice to Narasimha, the operator of the mill, the complainant sat on a bench opposite the premises. At that time, five individuals namely Botikinda Teja Murthy (A-1), Yeddula Naresh (A-2), Thurugonda Madhusudan (A-3), Madanapalli Rajesh (A-4), and Bangalore Yashwanth (A-5) arrived from a nearby wedding venue and began to verbally abuse the complainant without any provocation. When the complainant questioned the reason for such insults, Teja Murthy (A-1) allegedly assaulted him by punching his back. Rajesh (A-4) then held the complainant by the throat and continued to abuse him, while Naresh (A-2) and Madhusudan (A-3) kicked him with their legs. Upon hearing the complainant’s cries, his relative Madhukar arrived at the scene, intervened, and managed to pacify the situation, causing the accused to disperse.

3. Following the incident, the complainant returned to his residence in Burujupalli Village, Zunzurupenta Panchayathi, Thamballapalli Mandal, Annamayya District, had dinner, and went to bed along with his maternal uncle, Prasad. However, in the early hours of 11.05.2025, at around 01:00 AM, the accused persons (A-2 to A-5) allegedly arrived at the complainant’s residence in a Tata Intra transport vehicle bearing registration number KA50 B 2431, with the intent to further assault him. They began pelting stones at the complainant’s house, prompting the complainant and his uncle Prasad to come outside. At that moment, Rajesh (A-4) allegedly attempted to attack the complainant with a knife, with the intention to cause grievous harm or death. When Prasad intervened to protect his nephew, Rajesh (A-4) stabbed him on the left cheek. Naresh (A-2) also attempted to assault the complainant with a knife. Upon hearing the commotion, the complainant’s father, Veeranjaneyulu, came out of the house and raised an alarm, causing the accused persons (A-2 to A-5) to flee from the scene. Thereafter, the complainant, along with his father and friend Narendra, transported the injured Prasad to the Government Hospital at Thamballapalli for medical attention.

4. The attending medical officer referred the injured to the Government Hospital at Madanapalle for further treatment. Upon evaluation, the doctors at Madanapalle referred the injured to Nemali Facial Surgical and Multi-Specialty Dental Center, Madanapalle, where he was admitted for specialized care. On 12.05.2025 at about 06:00 p.m., the complainant approached the Police Station and lodged the present complaint. The motive behind the alleged offences is stated to be prior enmity between the complainant and accused persons (A-1 andA-2).

5. Sri Raja Reddy Koneti, learned counsel for the Petitioner contends that the alleged offences pertain to Sections 115 (2), 118(1), 324(4), and 351(3) of ‘the BNS’. Section 115 (2) corresponds to voluntarily causing hurt, punishable with imprisonment up to one year or with fine. Section 118 (1) relates to causing injury by means of weapons or dangerous instruments. Section 324 (4) of ‘the BNS’ pertains to mischief result