HON’BLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION No.10918 of 2024

ORDER :

Petitioner/accused No.2 has filed this petition under Sections 480 and 483 of Bharatiya Nyaya Sanhitha, 2023 (for short ‘BNS’) seeking bail in Crime No.22 of 2023 of P.S. Narsingi registered for the offences under Sections 302, 307, 379 read with 34 of Indian Penal Code (for short IPC) and Section

25(1B) (b) of the Arms Act, 1959.

2. Heard Sri Dunna Ambedkar , learned counsel for petitioner and Sri M.Ramachandra Reddy, learned Additional Public Prosecutor appearing for the State and perused the record.

3. The case of the prosecution is that on 05.01.2023 the accused No.2 along with accused No.1 had threatened transgender to do sex with them at the point of knife, and on hearing patrol jeep vehicle sound and on noticing the same, they fled away. In the meanwhile, the deceased and his friend on questioning the accused as to the assault on transgender, the accused assaulted the deceased with knife and stabbed to death.

Later when police tried to apprehend the accused, he attacked police and killed one of the police constable and caused severe bleeding injuries to other police constable.

4. Learned counsel for petitioner submits that the petitioner/accused No.2 is innocent and was implicated in false case, as he is no where connected with the alleged crime. It is further submitted that the accused was enlarged on bail in 3 of the previous crimes and that the entire investigation is completed and charge sheet also filed and there is no possibility of tampering of evidence and there is no possibility of apprehension to the witnesses by this petitioner and the petitioner is in judicial custody since 14.01.2023 and hence, prayed for grant of bail.

5. The learned Additional Public Prosecutor opposed the application stating that serious allegations are leveled against petitioner/accused No.2 and submitted that 9 cases are pending against the petitioner/accused No.2 and petitioner along with accused No.1 has committed the crime and if the petitioner is enlarged on bail, there is every possibility of committing similar crimes and hence, prayed to dismiss the petition.

6. Having heard both sides and on perusal of the material, it is evident that there are previous similar criminal offences against the accused and in view of the criminal antecedents against the accused No.2 and the gravity and seriousness of the offences, this Court is not inclined to grant bail.

7. Accordingly, this criminal petition is dismissed.

____________________ JUVVADI SRIDEVI, J Date: 01.10.2024 BVs