Anticipatory bail denied due to specific allegations of violence and potential interference with the investigation.

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.2 in Crime No.97 of 2025 on the file of the P.S. Chinna Chinthakunta, Mahabubnagar District, registered for the offences punishable under Sections 118 (1), 118 (2), 329 (4), 352, 351 (2) read with Section 3 (5) of the Bharatiya Nyaya Sanhitha, 2023 (for short ‘BNS’).

2. The case of prosecution in brief is that on 23.05.2025 at 1600 hours received a complaint stating that on 23.05.2025 at 09:30 hours the petitioner along with other accused entered the house of his brother, beat him with sticks and caused blood injuries on head, hands and legs and threatened to kill him.

Basing on the same, Crime No.97 of 2025 was registered.

3. Heard Mr. Yadeeshwar, 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 wife of A-1 lodged a complaint against the brother of the de facto complainant basing on the same a case in Cr.No.96 of 2025 was registered before the Chinna Chinthakunta Police Station for the offences punishable under Sections 74, 75 (2), 115 (2) of BNS. When the said crime is pending, the de facto complainant with a blaque motive as a counter blast filed the present complaint against the petitioner and A-1 on 23.05.2025. Though the petitioner has not committed any offence even according to the allegations made in the complaint the ingredients under Section 118 (2) of BNS are not attracted against the petitioner. He further submitted that initially the police registered the crime for the offence under Sections 329 (4), 118 (1), 352, 351 (2) read with 3 (5) of BNS for which imprisonment is less than 7 years only but, only with an intention to harass the petitioner de facto complainant altered the offence from Section 118 (1) of BNS to 118 (2) of BNS, though the ingredients under Section 118 (2) of BNS are not attracted. He further submitted that A-1 was arrested and enlarged on bail. 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 there are specific allegations are leveled against petitioner and A-1. He further submitted that at the instance of petitioner and A-1, the victim sustained grievous injuries to the victim on forehead, right leg, left hand, fore arm. He further submitted that A-1 was arrested and released on bail in view of completion of the ingestion period and basing on the same the petitioner is not entitled for grant of anticipatory bail, and if the petitioner/accused is granted anticipatory bail he will interfere with the investigation and also influence the witnesses. 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 specific allegations are leveled against the petitioner and A-1 that they have trespassed into the house of LW-2 and beat him with sticks and caused bodily injuries on his head, hands and legs. The record further reveals that the basing on the medical records the offences are altered from 118