Order

:

This Criminal Petition is filed by the petitioners/accused Nos.1 & 2, seeking anticipatory bail under Section 482 of Bharatiya Nagrik Suraksha Sanhita (BNSS), in connection with Crime No.555 of 2025 on the file of P.S. Kakatiya University Campus, Hanamkonda District, registered for the offences punishable under Sections 109, 308 (5), r/w 3 (5) of Bharatiya Nyaya Sanhita (BNS).

2. Heard Mr. David Paul, learned counsel appearing on behalf of the petitioners (accused Nos.1 & 2) and learned Additional Public Prosecutor appearing for respondent /State.

3. The case of the prosecution is that the de facto complainant alleged that the offence was occurred on 08.11.2024 at mid night at 00:20 hours at Palivelpula village, Hasanparthy and reported on 09.11.2024 at 10:30 hrs and he stated his name as Adhulapuram Ramu S/o. Murali and he further alleged that his brother/injured-1 Adhulapuram Rajesh is working as a Swiggy delivery boy. On the day of incident, brother/Rajesh received an order of Red bucket Biryani through Swiggy application and collected the customer order i.e., Biryani and left from Hanamkonda on his bike to deliver the order at Palvelpula village, Hasanparthy and mean while the complainant’s brother/Rajesh met his friend/relative injured-2 Vynala Teja Kumar and both left to delivery on the same bike and after few minutes, they reached at Palivelpula village and called to the customer. On receiving the phone call, the customer/lady came out side and taken Biryani and she tried to pay the payment through phone pay, in the meantime one person un-necessarily quarreled with the complainant brother/Rajesh and Vynala Teja Kumar on the pretext that they are taking photographs of his wife and he forcibly took the mobile phone of Teja Kumar with extortion manner and the gathered his followers and all of them decided to kill complainant brother/Rajesh and Vynala Tejas Kumar and beat them indiscriminately with sticks. As a result, the complainant’s brother/Rajesh received bleeding injuries on his head, nose, ear, mouth and his body parts and he is in unconscious stage and injured-2 Vynala Teja Kumar, received bleeding injuries on his body parts and both were shifted to M.G.M. Hospital for treatment. Later, the complainant along with his relatives enquired about the above beaten persons details and they came to know that they are A-1 Deverakonda Sunil, A-2 Bandaari Naveen and others.

4. Learned counsel for the petitioners/accused Nos.1 & 2 submits that the petitioners/accused Nos.1 & 2 have not committed any offence and they were falsely implicated in the present crime and the ingredients of Sections 109, 308 (5) r/w 3 (5) of Bharatiya Nyaya Sanhita (BNS) are not at all applicable to the facts and circumstances of the case. He further submitted that the entire investigation is completed and the petitioners/accused Nos.1 & 2 are ready and willing to cooperate with the investigation and also the conditions which are imposed by this Court. Hence, he prayed for grant of anticipatory bail.

Per contra

5. , learned Additional Public Prosecutor submitted that investigation is under progress and at this juncture, the petitioners are not entitled for granting anticipatory bail.

Hence, he prays to dismiss this criminal petition.

6. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the investigation is under progress. Since the investigation is under process, this Court is not inclined to grant anticipatory bail.

7. Accordingly, the Criminal Petition is dismissed.

As a sequel, miscellaneous petitions, pending if any, stand closed.

___________________ J.SREENIVAS RAO, J Date: 18.03.2025 prat