THE HONOURABLE DR.JUSTICE G.RADHA RANI CRIMINAL PETITION No.12786 OF 2024

O R D E R:

This Criminal Petition is filed by the petitioner – Accused No.4 under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhitha (for short “BNSS”) seeking regular bail in Crime No.716 of 2024 on the file of Kushaiguda Police Station, registered for the offences punishable under Sections 103(1) read with 3(5) of Bharatiya Nyaya Sanhitha (for short ‘BNS’).

2. The case of the prosecution in brief was that on

19.09.2024 at 10:00 P.M., the mother of the deceased lodged a report stating that her son’s friend by name Vivek made a phone call to her brother and informed that her son was found dead at Ward No.1, Kapra Circle Graveyard. She stated that she suspected one Venkat, Shiva and Sravan regarding the death of her son. Basing on the said report, the above crime was registered and A-1 to A-5 were arrested on 21.09.2024.

3. As per the remand report filed by the investigating officer, A-1 requested A2 to A5 to eliminate the deceased and all of them together picked the deceased who was at Yapral X road in a Innova Car and brought him to the house of A-1 and beat him with hands, legs and stick. The deceased died on the spot. After confirming that he was dead, the body was shifted to GHMC Graveyard, Ammuguda in the Innova Car and they fled away from the place.

4. Heard the learned counsel for the petitioner - Accused No.4 and the learned Additional Public Prosecutor for the respondent – State.

5. Learned counsel for the petitioner - Accused No.4 submitted that there were no specific overt acts attributed to the petitioner except bald allegations that they together committed the offence under Section 103(1) read with 3(5) of BNS and prayed to enlarge the petitioner on bail.

6. The learned Additional Public Prosecutor opposed grant of bail to the petitioner stating that there was a common intention to all of the accused which was shared by the petitioner along with the other accused. As such, he could not be released on bail. He further submitted that the investigation was not yet completed and charge sheet not filed.

7. Perused the record. Considering the gravity of the offence, as the allegations would show that the petitioner was a co- accused in a crime committed under Section 103(1) read with 3(5) of BNS, it is considered not fit to release the petitioner on bail at this stage.

8. In the result, the Criminal Petition is dismissed.

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Miscellaneous applications, pending if any, shall stand closed.

_____________________ Dr. G.RADHA RANI, J Date: 7^th November, 2024 dsv