ORDER:

This Criminal Petition is filed under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short ‘BNSS’) seeking bail to the petitioner/accused No.1 in Crime No.66 of 2025 on the file of the P.S. Balnagar, Medchal-Malkajgiri District, registered for the offences punishable under Section 103(1) r/w 3(5) of Bharatiya Nyaya Sanhitha, 2023 (for short ‘BNS’).

2. The case of the prosecution is that that on 30.01.2025, at 8:15 am, Inspector received a complaint from police constable, regarding a dead body found near Khaitan Company Road, Balanagar. The body was discovered by a caller named Raju, who informed the police by dialing 100. The deceased aged 35-40 years, was wearing a blue T-shirt, blue shirt, and light blue jeans, with two tattoos on his hands. He was found bleeding from his left ear, and the complainant suspected murder. Basing on the same, a case was registered in Crime No.66 of 2025.

3. Heard Mr.Sushil Kumar Pandey, learned counsel for the petitioner and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondent-State.

4. Learned counsel for the petitioner submitted that the petitioner has not committed the offence and he was falsely implicated in the above crime, basing upon the confession statement of other accused and the same is not permissible under law. He further submitted that there are no specific allegations against the petitioner and ingredients of Section 103(1) of BNS are not attracted against the petitioner. He further submitted that the petitioner was arrested on 01.02.2025 and since then he has been in judicial custody and material part of the investigation is completed, except filing of charge sheet. He further submitted that the petitioner was identified by the wife of the deceased, LW.4, who claimed a prior conflict between them. He further submitted that the petitioner shall abide by the conditions, which are going to be imposed by this Court, and he is ready to cooperative with the investigation. Hence, the petitioner may be enlarged on bail.

5. Per contra, learned Additional Public Prosecutor submitted that the petitioner committed grave offence and accused Nos.2 to 4 were arrested and they were in judicial custody. He further submitted that investigation is under progress and, at this stage, the petitioner is not entitled for grant of bail.

6. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, including complaint and remand case diary, it reveals that there are serious allegations against the petitioner. It further appears from the record that the petitioner has filed one bail application prior to this one, vide Crl.P.No.2600 of 2025 and the same was dismissed on 07.03.2025 and since dismissal of said bail application, there are no changed circumstances. Therefore, the criminal petition lacks merit and the same is liable to be dismissed.

7. Accordingly, this Criminal Petition is dismissed.

Miscellaneous applications, pending if any, shall stand closed.

____________________ J. SREENIVAS RAO, J Date: 28.03.2025 vsl