Anticipatory bail is denied where there are serious allegations and ongoing investigations indicating potential interference.

ORDER:

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short ‘BNSS’) seeking anticipatory bail to the petitioner/accused No.1 in Crime No.66 of 2025 on the file of the P.S. Marriguda, Nalgonda District, registered for the offences punishable under Sections 109 read with 3(5) of the Bharatiya Nyaya Sanhitha, 2023 (for short ‘BNS’).

2. The case of prosecution in brief is that on 13.05.2025, father of the de-facto complainant was attacked by accused No.1 and another, while he was on his bike to Khudhabakshapally. The accused allegedly kicked and beaten her father, while the villagers rescued him. The de-facto complainant sought first aid from a doctor and later sought legal action. Her father and other family members have land disputes since past two years, and the accused attacked her father with an intent to kill him. Basing on the same, Crime No.66 of 2025 was registered.

3. Heard Mr. A. Aravind Reddy, learned counsel for the petitioner and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondent-State.

4. Learned counsel for the petitioner submitted that the petitioner has not committed the offence and he was falsely implicated in the above crime. He further submitted that the victim is trying to encroach upon the property of the petitioner and the petitioner and his father resisted. The de-facto complainant lodged the complaint with an intention to settle the property dispute. He further submitted that the nature of allegations made in the complaint are civil in nature and the ingredients under Section 109 of BNS Act are not attracted against the petitioner. He further submitted that the petitioner is not having any other criminal antecedents and he is the only breadwinner of his family and he shall abide by the conditions, which are going to be imposed by this Court, and he is ready to cooperate with the investigation, if any. Hence, the petitioner may be granted anticipatory bail.

5. Per contra, learned Additional Public Prosecutor submitted that the petitioner has committed grave offence and the victim sustained grievous injuries including head injury and the investigation under progress, if the petitioner is granted anticipatory bail at this stage, he may interfere with the investigation and also influence the witnesses. He further submitted that the petitioner is having criminal antecedents and is also accused in Crime No.222 of 2024 which is on the file of Manchal Police Station and 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 specific allegations against the petitioner to attract Section 109 read with Section 3(5) of BNS. Learned Additional Public Prosecutor placed the Medical Certificate issued by concerned hospital showing that the victim sustained grievous injuries including head injury and further submitted that 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 petitioner.

8. Accordingly, this Criminal Petition is dismissed.