SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Online)(TEL) 4818

THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No. 4345 of 2025

ORDER:

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short ‘BNSS’) seeking anticipatory bail to the petitioners/accused Nos.2 to 4 in Crime No.88 of 2025 on the file of Devarakonda Police Station, Nalgonda registered for the offences punishable under Sections 109 and 126(2) r/w 3(5) of Bharatiya Nyaya Sanhitha, 2023 (for short ‘BNS’).

2. The case of the prosecution is that on 19.03.2025, the de-facto complainant filed a complaint stating that she and A1 were married on 04.07.2021 and have a daughter. Due to ongoing family disputes, she has been living with her parents for two years. Several failed mediations occurred, and in the first week of March, a quarrel between her father and A1 led to a case being filed against her father in Devarakonda. In that case her father went to jail and released and since then A1, his family, and an unknown person allegedly intended to kill her father due to ongoing family disputes, and they wrongfully restrained him and tried to kill him with hands and kicked with legs indiscriminately and they tried to kill him putting a bike on top of him. In the meantime, her father screamed loudly, and people nearby came to his aid, causing the attackers to flee. Later, when she came to know about the incident, she along with her mother and uncle, took her father to the government hospital and then filed a complaint. Basing on the same, Crime No.88 of 2025 was registered.

3. Heard Mr.P.Ashok Goud, learned counsel for the petitioners and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondent-State.

4. Learned counsel for the petitioners submitted that the petitioners have not committed the offence and they were falsely implicated in the above crime and the de-facto complainant lodged a complaint with an intention to dissolve marital disputes which are pending between her and accused No.1. He further submitted that the ingredients of Section 109 of BNS are not attracted against the petitioners and they shall abide by the conditions, which are going to be imposed by this Court, and they are ready to cooperative with the investigation. Hence, the petitioners may be enlarged on anticipatory bail.

5. Per contra, learned Additional Public Prosecutor submitted that the petitioners and other accused have committed a grave offense, and the victim sustained grievous injuries at the hands of the petitioners and accused No.1 and the investigation is under progress. At this stage, if the petitioners are granted anticipatory bail, they will interfere with the investigation and influence the witness. Hence, prayed to dismiss the petition.

6. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that there are serious allegations against the petitioners as well as accused No.1. As per the report of the Duty Medical Officer, Area Hospital, Devarakonda, submitted by the learned Additional Public Prosecutor, the victim sustained grievous injuries. According to the learned Additional Public Prosecutor, investigation is under progress.

7. Taking into consideration the facts and circumstances of the case as well as the gravity of the offence, this Court is not inclined to grant anticipatory bail to the petitioners.

8. Accordingly, this Criminal Petition is dismissed.

Miscellaneous applications, pending if any, shall stand closed.

_____________________ J. SREENIVAS RAO, J Date: 08.04.2025 vsl

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top