Anticipatory bail denied due to serious allegations and ongoing investigations.

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.3 in Crime No.83 of 2025 on the file of Medipally Police Station, Jagtial, registered for the offences punishable under Sections 333, 109, 74, 118(2), 351(2), 292 r/w 3(5) of Bharatiya Nyaya Sanhitha, 2023 (for short ‘BNS’).

2. The case of the prosecution is that on 01.05.2025 at around 11:30 hrs, the accused persons criminally trespassed into the house of the complainant’s relatives and assaulted them with beer bottles, bricks, and sticks, causing bleeding injuries. The attack was allegedly intended to disrupt the marriage of the complainant’s elder uncle’s daughter. When the complainant intervened to stop the quarrel, the accused dragged her saree. Basing on the same, Crime No.83 of 2025 was registered.

3. Heard Mr.K.Venumadhav, 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 has been falsely implicated in the above crime. He further submitted that there are no specific allegations against the petitioner to attract the ingredients of Sections 109 and 118(2) of BNS. He further submitted that initially, a crime was registered for the offences under Sections 333, 109, 74, 118(1), 351(2) and 292 r/w 3(5) of BNS. Subsequently, the police altered the offence under Section 118(1) to Section 118(2) of BNS solely with an intention to harass the petitioner. He further submitted that accused Nos.1 and 2 were arrested and later enlarged on bail. He further submitted that the petitioner is eking out his livelihood by doing private employment and he is not having any other criminal antecedents. He further submitted that the entire investigation is completed, except filing of the charge sheet, and the petitioner is ready and willing to abide by the conditions which are going to be imposed by this Court and he is also ready to cooperate with the investigation. Hence, the petitioner may be enlarged on anticipatory bail.

5. Per contra, learned Additional Public Prosecutor submitted that the petitioner has committed a grave offence and that the witness sustained grievous injuries. He further submitted that merely because bail was granted to accused Nos.1 and 2, the petitioner is not entitled to the same relief, especially when the investigation is under progress.

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 serious allegations against the petitioner. The learned Additional Public Prosecutor placed on record the medical certificate issued by the Government General Hospital, Jagtial District, dated 02.05.2025, which reveals that the victim sustained grievous injuries. Merely on the basis of the bail granted to accused Nos.1 and 2, the petitioner is not entitled to similar relief, especially when the investigation is still in 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.