Order

:

This Criminal Petition is filed by the petitioner/accused No.5 under Sections 480 and 483 of Bharatiya Nagrik Suraksha Sanhita (BNSS) seeking regular bail in Crime No.117 of 2025 on the file of Station House Officer, Bhupalpally Police Station, Jayashankar Bhupalpally District, registered for the offences punishable under Sections 191(2), 191(3), 61(2), 126(2), 103(1) and 238 r/w 190 of Bharatiya Nyaya Sanhita, 2023 (BNS).

2. The case of the prosecution is that on 20.02.2025 at about 2:20 hours, the Station House Officer, Bhupalpally Police Station, received a complaint from the complainant to the effect that there is a civil dispute between the complainant’s family and the family of accused Nos.1 and 5 regarding a land situated opposite Bhupalpally Police Station and on 19.02.2025 at about 19.00 hours, while her husband was returning to house on his motor cycle and reached near TBGKS office, accused Nos.1 to 4 came on two motor cycles, obstructed him, beat him with iron rod on the backside of his head and stabbed him with knives on stomach. On receipt of information from her neighbours, she rushed to the hospital where her husband was taken for treatment and found him dead. Basing on the said complaint, the aforesaid crime was registered against the accused.

3. Heard Mr. M.Ajay Kumar, learned counsel for the petitioner/accused No.5 and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for the respondent/State.

4. Learned counsel for the petitioner submitted that the petitioner has not committed any offence and he has been falsely implicated in the aforesaid crime. He further submitted that except the offence under Section 103(1) of BNS, all other offences levelled against the petitioner/accused No.5 are punishable with imprisonment of below seven years and material part of investigation is already completed except filing of chargesheet. He further submits that the deceased is a rowdysheeter and land grabber and he is involved in several land disputes and twenty cases are pending against him. While stating that the petitioner was arrested on 20.02.2025 and since then, he is in judicial custody and he is suffering from cardiac problem, learned counsel prays to grant bail to the petitioner as he is ready and willing to cooperate with the investigating officer for investigation and abide by the conditions that may be imposed by this Court.

5. Per contra, learned Additional Public Prosecutor submits that the petitioner/accused No.5 along with other accused in the aforesaid crime has committed murder of the deceased and hence, the ingredients of Section 103(1) of BNS are attracted to the present case. He further submits that the petitioner/accused No.5 is accused in ten criminal cases and a rowdysheet has been opened against him also and the investigation is not yet completed and if the petitioner/accused No.5 is released on bail, he may threaten the witnesses and interfere with the investigation and commit similar offences and prays to dismiss the criminal petition.

6. Having considered the rival submissions and on perusal of the material available on record, it reveals that there are serious allegations levelled against the petitioner/accused No.5 to attract the ingredients of Section 103(1) of BNS. Even according to the counter-affidavit filed by the Inspector of Police, Bhupalpalli Police Station, the petitioner/accused No.5 is accused in more than ten cases and rowdysheet was opened against him. It is further averred therein that the petitioner/accused No.5 is the main conspirator along with accused No.1, in the murder of deceased. It is submitted that the Jail authorities are taking care of the medical health of the petitioner/accused No.5. However, if the petitioner/accused No.5 submits an application seeking reference to any other hospital, the Jail authorities will consider the same in accordance with law including the Prisoners Act.

7. Taking into consideration the aforesaid facts and circumstances